Divorcing in NZ
Jan 22nd 2010, 6:30 am
#1
Just Joined
Thread Starter
Joined: Jan 2010
Posts: 2
Divorcing in NZ
Could any one plez advise me. I split with my husband 6 months ago. We are both from the UK and i want to apply 4 a divorce in NZ. Is it right i can go to the local courts and if we both agree get an instant divorce or is the info a friend gav me not right. I havnt logged the separation with anyone. Dont no what to do. HELP.
Jan 22nd 2010, 6:37 am
#2
BE Enthusiast
Joined: Mar 2009
Location: Tamaki Makau Rau
Posts: 778
Re: Divorcing in NZ
What a mine field when you are new to NZ 
(
It's worth knowing that there is no such thing as a quicky divorce here.
You cannot divorce until you have been separated two years.
The good thing about that is that you do not have to have a reason and it cannot really be challenged
Good luck...I'll look for a link for you
(It's worth knowing that there is no such thing as a quicky divorce here.
You cannot divorce until you have been separated two years.
The good thing about that is that you do not have to have a reason and it cannot really be challenged
Good luck...I'll look for a link for you
Jan 22nd 2010, 5:45 pm
#3
BE Forum Addict
Joined: Sep 2006
Posts: 4,298
Re: Divorcing in NZ
Could any one plez advise me. I split with my husband 6 months ago. We are both from the UK and i want to apply 4 a divorce in NZ. Is it right i can go to the local courts and if we both agree get an instant divorce or is the info a friend gav me not right. I havnt logged the separation with anyone. Dont no what to do. HELP.
Jan 22nd 2010, 6:37 pm
#4
TeamEmbo
Joined: Jan 2007
Location: Rangiora
Posts: 1,557
Re: Divorcing in NZ
From Family Court of New Zealand:
What are the grounds for legally ending a marriage or civil union?Irreconcilable differences is the only ground for legally dissolving a marriage or civil union. This means that your relationship has broken down and is at an end. Neither of you is blamed for this.
The only way of proving that your relationship has broken down irreconcilably is by living apart for two years. Only then can the Court dissolve your marriage or civil union.
You cannot shorten the two year period, even if you both agree to the dissolution.
What if we got back together for a while after we first separated?
You can live together for a total of three months within the two year separation period if you can satisfy the Court that the main reason for this was to get back together ("reconciliation").
You can get back together more than once, as long as the total time together is not more than three months.
Who can make an application for a dissolution order?
An application can be made by one spouse or civil union partner alone (one party application), or by both of you together (joint application).
To make the application, at least one of you must be domiciled in New Zealand.
You are "domiciled" in New Zealand if:
You were born in New Zealand and have not made a home in another country with the intention of living in that country indefinitely; or
You were born overseas but you have made a home in New Zealand with the intention of living here indefinitely.
Working overseas on a long-term contract does not prevent you from applying for a dissolution order as long as you are still domiciled in New Zealand.
The fact that you were married or entered into a civil union in New Zealand is not enough on its own to allow you to apply for a dissolution order in New Zealand. At least one party needs to be domiciled in New Zealand when the application is made.
If you were married or entered into a civil union overseas, you can apply for a dissolution order in New Zealand provided that one of the parties is domiciled in New Zealand when the application is made.
What is a separation agreement?
This is an agreement that can help to avoid any misunderstandings later. It may cover issues such as day-to-day care of and contact with children, division of any property, and record the date of your separation.
A separation agreement may be verbal or written down. If the agreement covers division of property, a lawyer must certify that each spouse or civil union partner has received independent legal advice.
A separation agreement is not necessary to:
qualify for the domestic purposes benefit;
dissolve your marriage or civil union (get a divorce).
What is a Separation Order?
This is an order made by the Family Court. If you have a Separation Order, you are free of any obligation to live with your spouse or civil union partner. However, if you and your spouse or civil union partner have children, you both still have legal responsibilities as parents.
A Separation Order is not necessary to:
qualify for the domestic purposes benefit;
dissolve your marriage or civil union (get a divorce).
To separate, do we need a Separation Order from the Court?
No, if both you and your spouse or civil union partner agree to separate, a Separation Order is not necessary.
However, if you want to separate and your spouse or civil union partner does not, you can apply to the Family Court for a Separation order.
After you apply for a Separation Order, the Family Court will arrange counselling for you and your spouse or civil union partner. At a counselling session, you can discuss matters such as shared property and care arrangements for your children.
You may not have to attend counselling if your spouse or civil union partner has used violence against you or a child of the marriage, or you have attended counselling in the last 12 months.
What are the grounds for legally ending a marriage or civil union?Irreconcilable differences is the only ground for legally dissolving a marriage or civil union. This means that your relationship has broken down and is at an end. Neither of you is blamed for this.
The only way of proving that your relationship has broken down irreconcilably is by living apart for two years. Only then can the Court dissolve your marriage or civil union.
You cannot shorten the two year period, even if you both agree to the dissolution.
What if we got back together for a while after we first separated?
You can live together for a total of three months within the two year separation period if you can satisfy the Court that the main reason for this was to get back together ("reconciliation").
You can get back together more than once, as long as the total time together is not more than three months.
Who can make an application for a dissolution order?
An application can be made by one spouse or civil union partner alone (one party application), or by both of you together (joint application).
To make the application, at least one of you must be domiciled in New Zealand.
You are "domiciled" in New Zealand if:
You were born in New Zealand and have not made a home in another country with the intention of living in that country indefinitely; or
You were born overseas but you have made a home in New Zealand with the intention of living here indefinitely.
Working overseas on a long-term contract does not prevent you from applying for a dissolution order as long as you are still domiciled in New Zealand.
The fact that you were married or entered into a civil union in New Zealand is not enough on its own to allow you to apply for a dissolution order in New Zealand. At least one party needs to be domiciled in New Zealand when the application is made.
If you were married or entered into a civil union overseas, you can apply for a dissolution order in New Zealand provided that one of the parties is domiciled in New Zealand when the application is made.
What is a separation agreement?
This is an agreement that can help to avoid any misunderstandings later. It may cover issues such as day-to-day care of and contact with children, division of any property, and record the date of your separation.
A separation agreement may be verbal or written down. If the agreement covers division of property, a lawyer must certify that each spouse or civil union partner has received independent legal advice.
A separation agreement is not necessary to:
qualify for the domestic purposes benefit;
dissolve your marriage or civil union (get a divorce).
What is a Separation Order?
This is an order made by the Family Court. If you have a Separation Order, you are free of any obligation to live with your spouse or civil union partner. However, if you and your spouse or civil union partner have children, you both still have legal responsibilities as parents.
A Separation Order is not necessary to:
qualify for the domestic purposes benefit;
dissolve your marriage or civil union (get a divorce).
To separate, do we need a Separation Order from the Court?
No, if both you and your spouse or civil union partner agree to separate, a Separation Order is not necessary.
However, if you want to separate and your spouse or civil union partner does not, you can apply to the Family Court for a Separation order.
After you apply for a Separation Order, the Family Court will arrange counselling for you and your spouse or civil union partner. At a counselling session, you can discuss matters such as shared property and care arrangements for your children.
You may not have to attend counselling if your spouse or civil union partner has used violence against you or a child of the marriage, or you have attended counselling in the last 12 months.
Jan 23rd 2010, 3:06 am
#5
Forum Regular
Joined: Jan 2006
Location: Blenheim
Posts: 53
Re: Divorcing in NZ
Have PM'd you - been there done that!!! Lol.
