The legal framework
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.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations