Marriage
The Marriage (Court Consent to Marriage of Minors) Amendment Act 2018 removed parental consent for 16 and 17 year olds and replaced it with Family Court approval, as a measure against forced marriage. Same-sex marriage was legalised in 2013, making New Zealand the first country in the Asia-Pacific region to do so.
Key points
| Age | 18; Family Court consent required at 16 or 17 |
|---|---|
| Polygamy | Prohibited; bigamy is an offence. |
| Licence | Marriage licence obtained from Births, Deaths and Marriages |
| Same-sex marriage | Since August 2013 |
| Civil unions | Still available, open to all couples since 2005 |
| Celebrants | Registered independent and organisational celebrants, or a registrar |
| Witnesses | Two |
| Overseas marriages | Recognised if valid where celebrated |
| Celebrant list | Published; independent and organisational celebrants both appear |
| Declaration | Specific words taking each other in marriage must be spoken |
In practice
- Apply for the licence online or in person; it is valid for three months.
- Choose a celebrant from the public register.
- The celebrant returns the paperwork; order the certificate afterwards.
- Consider a contracting-out agreement if you want to avoid equal sharing of relationship property.
- If the date changes, check whether the licence is still within its three months.
- Two witnesses are required; arrange them in advance.
Cost and coverage
Licence and certificate fees are modest.
Recent changes
Because the Property (Relationships) Act applies equally to de facto couples after three years, the legal significance of marrying is smaller in New Zealand than almost anywhere else.
Where to go
- Public register of marriage celebrants.
- Community Law Centres for property advice.
Worth knowing
Marriage and long cohabitation have nearly identical property consequences here. If you want a different outcome, the contracting-out agreement — not the wedding — is the document that matters. Civil union remains available and is not identical to marriage in every overseas context. If you will live abroad, marriage is usually recognised more widely.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
De facto relationships of three years attract equal sharing of relationship property — the most far-reaching regime in the common law world.
The Property (Relationships) Act 1976, substantially amended in 2001, applies to marriages, civil unions and de facto relationships alike. After three years, relationship property — including the family home whoever bought it — is presumed to be divided equally. Civil unions remain available to all couples.
Key points
| Threshold | Three years of a de facto relationship; shorter where there is a child or substantial contributions |
|---|---|
| Equal sharing | Presumed for relationship property, including the family home and family chattels |
| Separate property | Inheritances and gifts may stay separate if not intermingled |
| Contracting out | Written agreement with independent legal advice for each party |
| Economic disparity | Compensation available where one partner's earning capacity was reduced |
| Death | The survivor chooses between claiming under the Act or taking under the will |
| Three years | De facto relationships of three years fall under equal sharing |
| Short relationships | Under three years, only limited claims, mainly where there is a child |
In practice
- Contract out before the three-year point if you want a different outcome — afterwards it is harder and costlier.
- Keep inherited assets separate and documented if you want them excluded.
- Make wills and take advice on how the Act interacts with them.
- Time limits apply after separation and after death.
- Contract out before the three-year mark if you want to keep property separate.
- On a partner's death, take advice quickly: the election between the Act and the will is time-limited.
Cost and coverage
Contracting-out agreements require independent advice for both parties, typically costing over a thousand dollars each.
Recent changes
Because the regime applies automatically, New Zealand's biggest practical issue is people discovering the three-year rule only when the relationship ends.
Where to go
- Community Law Centres for free advice.
- New Zealand Law Society for referrals.
- Family Court for applications.
Worth knowing
Three years passes quickly, and the family home is the asset most affected: a house bought by one partner before the relationship can become shareable once it is the family home. Equal sharing applies automatically after three years. Many people are inside the regime without any deliberate decision having been made.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
Marriage since 2013, adoption law still lagging behind it by nearly seventy years.
New Zealand opened marriage in August 2013 by a comfortable parliamentary majority, the first country in the Asia-Pacific region to do so. Civil unions, created in 2004, remain available to all couples. The weak point is adoption: the governing Act dates from 1955, was written for a different family model, and successive reviews have called for its replacement.
New Zealand's 2013 vote is remembered for the scene in the debating chamber — the public gallery singing after the result — and for the speed of the change: from civil unions in 2004 to marriage in nine years. Adoption law has simply not kept pace, which is why so many practical questions here are adoption questions rather than marriage questions.
Key points
| Marriage | Since 19 August 2013 |
|---|---|
| Civil union | Created in 2004, still available to all couples |
| Adoption | Governed by an Act of 1955, widely criticised and under review |
| Parenthood | The birth mother's partner is a legal parent where the statutory conditions are met |
| Surrogacy | Altruistic only; the intended parents must adopt |
| Conversion | A civil union can be converted into a marriage |
| Discrimination | Human Rights Act covers sexual orientation |
In practice
- Non-residents may marry in New Zealand, which makes it a destination for couples from restrictive countries.
- For parentage through assisted reproduction, the statutory conditions must be met at the time of conception, not afterwards.
- After surrogacy the intended parents must adopt their own child — a step that surprises many and takes months.
Cost and coverage
A marriage licence costs around one hundred and fifty New Zealand dollars and a registry ceremony a similar amount; a celebrant charges more. Publicly funded fertility treatment exists subject to eligibility criteria.
Recent changes
Reform of the 1955 Adoption Act has been through public consultation, with proposals to recognise a wider range of family arrangements, but no replacement statute has yet been enacted.
Where to go
- Registrar of Births, Deaths and Marriages, for the licence.
- Oranga Tamariki, for adoption applications.
- Human Rights Commission, for discrimination.
Worth knowing
The 1955 Adoption Act is the recurring problem: it produces an all-or-nothing outcome, sits awkwardly with assisted reproduction, and has survived several announced reforms.
Frequently asked questions
Can foreigners marry in New Zealand?
Yes, there is no residence requirement; a licence must be obtained from a registrar beforehand. This has made the country a destination for couples from jurisdictions where marriage is not available.
Why is adoption still an issue?
Because the Adoption Act dates from 1955 and predates both marriage equality and assisted reproduction. It forces intended parents through surrogacy to adopt their own child, and it offers no intermediate status. Reform has been consulted on repeatedly without being enacted.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
A marriage licence plus an approved celebrant, who may be religious, makes the ceremony legally binding.
The Marriage Act 1955 requires a marriage licence issued by a Registrar, and the ceremony must be conducted by a marriage celebrant approved and listed by the Registrar-General. Approved organisations nominate their own celebrants. Independent celebrants are also appointed. The ceremony must include a declaration that the parties take each other as husband and wife or as partners.
Key points
| Licence | Obtained from a Registrar before the ceremony; valid for three months |
|---|---|
| Celebrant | Must appear on the published list of marriage celebrants |
| Required words | A declaration of taking each other in marriage |
| Witnesses | Two |
| Registration | The celebrant returns the copy of the particulars for registration |
| Same-sex marriage | Lawful since 2013; celebrants of approved organisations may decline |
| Approved organisations | Nominate their own celebrants, who are then listed |
| Licence validity | Three months |
| Declaration required | Specific words must be spoken during the ceremony |
In practice
- Check the celebrant list published by Internal Affairs before the booking.
Where to go
- Published list of marriage celebrants.
- Community Law Centres.
Worth knowing
The licence expires after three months. If the date moves, check whether a new licence is needed before the ceremony rather than after. Celebrants of approved religious organisations may decline to solemnise a marriage that conflicts with their beliefs. Independent celebrants generally may not.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Māori elements woven into most ceremonies, and a striking informality otherwise.
Ceremonies frequently include Māori elements whatever the couple's background: a karakia to open, waiata sung by the guests in support of a speaker, and sometimes a hongi to greet. The rest is relaxed — outdoor settings, a celebrant, and a reception without much ceremony.
New Zealand weddings tend to be informal — outdoors, celebrant-led, short — and most incorporate Māori elements even when neither partner is Māori: a karakia to open, a waiata sung by guests after speeches, sometimes a pōwhiri if the wedding is held on a marae. Doing this well means asking rather than borrowing, and involving someone with the standing to lead it.
Key points
| Karakia | Opening incantation, marking the beginning |
|---|---|
| Waiata | Song sung by the guests after a speech, in support of the speaker |
| Hongi | Pressing of noses, sharing breath, as a greeting |
| Celebrant | Conducts most ceremonies |
| Outdoors | Beaches, vineyards and farms are common |
| Pōwhiri | Formal welcome where families are brought together on a marae |
| Reception | Informal, with shorter speeches than in Europe |
In practice
- If waiata are planned, tell guests in advance — they are expected to join in.
- Māori protocol is led by those who hold it; ask rather than improvise.
- Three days' notice is the legal minimum, but venues book far earlier.
- Outdoor ceremonies need a wet-weather alternative, and everyone knows it.
What it costs
A New Zealand wedding commonly costs between NZ$30,000 and NZ$40,000. The marriage licence is inexpensive, and celebrant fees typically run NZ$500 to NZ$1,000.
Recent changes
Marriage has been open to same-sex couples since 2013, and the range of authorised celebrants has broadened; outdoor and small-scale weddings have become the norm rather than the alternative.
Frequently asked questions
What is a waiata at a wedding?
A song sung by a group to support a speaker, usually immediately after they finish. Guests stand and sing together; it is a gesture of support, not a performance. If you are told a waiata will follow the speeches, you are expected to join in.
Can a wedding be held on a marae?
Yes, with the agreement of the marae and its people, and it brings its own protocol — a pōwhiri to welcome guests, speeches in a set order, and a shared meal. This is an invitation rather than a venue hire, and it should be arranged through the family's connections.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
Equal sharing of relationship property after three years, and one of the most claimant-friendly inheritance regimes anywhere.
The Property (Relationships) Act presumes equal sharing after three years, for married, civil union and de facto couples. On death, the Family Protection Act allows spouses, partners, children and some grandchildren to claim where adequate provision was not made, and the Law Reform (Testamentary Promises) Act allows claims for promised rewards for services.
Key points
| Relationship property | Equal sharing after three years, including the family home |
|---|---|
| Separate property | Inheritances and gifts, if kept separate |
| Contracting out | Written agreement with independent legal advice on both sides |
| Family Protection Act | Spouses, partners and children can claim inadequate provision — adult children succeed more often than in most countries |
| Testamentary promises | Claims for promised compensation for services rendered |
| Estate duty | None |
| On death | The survivor elects between a relationship property claim and taking under the will |
| Equal sharing | Relationship property is presumed shared equally after three years |
| Family home | Almost always relationship property, whoever bought it |
| Economic disparity | A court can award compensation where one partner's income prospects suffered |
| Election on death | A survivor chooses between the Act and the will, within a time limit |
In practice
- Contract out early if you want to protect pre-relationship assets.
- Keep inheritances in a separate account and do not use them for the family home if you want them excluded.
- Take advice on the election available to a surviving partner — the choice is time-limited.
- Expect that excluding a child from a will may not hold.
- Contract out before the three-year point if you want to protect a pre-owned home.
- On a partner's death, take advice quickly about the election: the deadline is short.
Cost and coverage
Legal fees for agreements and wills; estate claims can consume a significant share of a modest estate.
Recent changes
Law Commission proposals to reform both the relationship property regime and succession law have been made; implementation has been partial.
Where to go
- Community Law Centres for free advice.
- Public Trust and private trustee companies.
- New Zealand Law Society for referrals.
Worth knowing
Disinheriting an adult child is difficult in New Zealand: courts have repeatedly varied wills to provide for children who were left out, even where relations were poor. The family home is relationship property even if one partner owned it before the relationship. That single rule produces most New Zealand disputes.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
The Family Proceedings Act allows dissolution on the single ground that the marriage or civil union has broken down irreconcilably, shown by two years living apart. Property is governed by the Property (Relationships) Act, which presumes equal sharing of relationship property after three years, including for de facto couples.
Key points
| Ground | Two years living apart |
|---|---|
| Procedure | Largely administrative once the two years have passed; joint or single application |
| Relationship property | Equal sharing presumed, including the family home whoever bought it |
| De facto couples | Covered by the same property regime after three years |
| Contracting out | Possible in writing, with independent legal advice for each party |
| Economic disparity | The court can adjust where one partner's income and living standards are likely to be significantly higher |
| Two years | Living apart for two years is the only ground |
| Equal sharing | Relationship property is presumed to be divided equally |
| Three-year limit | Property applications must generally be made within three years |
In practice
- Apply to the Family Court once the two years have elapsed.
- Deal with property first if possible: the property claim has its own time limits.
- Contracting-out agreements must meet strict formalities to be valid.
- Consider the economic disparity provision if one partner gave up a career.
- Deal with property first: the dissolution itself is a formality once two years have passed.
- Get legal advice before signing a contracting-out agreement — it must meet strict formalities.
Cost and coverage
Filing fees are modest; legal aid is available subject to means and may be repayable.
Recent changes
New Zealand's equal-sharing regime for de facto couples is among the most far-reaching in the common law world, and can apply to couples who never intended it.
Where to go
- Family Court of New Zealand.
- Community Law Centres — free legal advice.
- Family Legal Advice Service for eligible people.
Worth knowing
Dissolution is the easy part. The property regime is what matters financially, and it can apply to a de facto relationship of three years even without any formal step ever having been taken. Equal sharing applies to de facto relationships of three years as much as to marriages. Many people are inside that regime without realising it.
General sources
- govt.nz — official government information
- New Zealand Legislation — acts and regulations