First major reform in divorce law in 40 years

Legal and emotional barriers removed with faster dissolutions for protected persons 

Reform to the law for the dissolution of marriages or civil unions where family violence has been a factor will support survivors to leave abusive relationships without enduring a lengthy waiting period. 

This addresses a significant legal and emotional barrier for people in this situation and is the first major reform to this law in 40 years.

The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (Amendment Act) received royal assent in October 2024, marking a major reform in New Zealand’s divorce laws. 

Supported by all parliamentary parties, this amendment addresses the challenges faced by individuals in abusive relationships, enabling them to end their marriages or civil unions more swiftly. The Act will take effect on 17 October 2025.

Key changes 

The last major reform to New Zealand’s divorce law was the move to a “no-fault” divorce system. Currently there are two requirements to be met before a dissolution can be granted: 

1. Either you or your spouse (or Civil Union partner) must be domiciled in New Zealand (reside or be based); and
2. You and your spouse (or Civil Union partner) must have been living separate and apart for two years. 

The Amendment Act introduces a new criterion:

• If an individual is a "protected person" under a final protection order, they may apply for dissolution without the two-year separation period.

What qualifies as a protected person?

A protection person means the person for whose protection the protection order is made, any child of that person’s family, and any person for whose benefit the order applies pursuant to section 8 of the Family Violence Act 2018.

What qualifies as a protection order?

• Final protection orders under the Family Violence Act 2018. 
• Protection orders under sections 123B or 123G of the Sentencing Act 2022.
• Registered foreign protection orders. 

A dissolution order remains valid even if the protection order is later discharged or becomes unenforceable.

Implications of early dissolution 

1. Property Division: Under section 24(1)(a) of the Property (Relationships) Act 1976, applications must be filed within 12 months of a final dissolution order. For those dissolving a marriage early due to a protection order, this shortens the timeframe in which an application must be made. 
2. Section 182 Applications: At present, an application under section 182 Family Proceedings Act 1980 cannot be brought until the marriage is dissolved. An earlier dissolution will bring forward the date upon which a 182 application can be made. 
3. Spousal maintenance – the laws in relation to spousal maintenance differ in the pre and post-dissolution periods. Your legal advisor will need to carefully consider the implications of dissolution if you are in receipt of, or intend to seek, spousal maintenance. 

Conclusion

The Amendment Act represents a vital step toward protecting survivors of family violence by providing an expedited legal pathway to end abusive relationships. For advice on the practical implications of these changes and for tailored advise on how these changed may affect your situation, contact our team.

For advice and help with family law matters, contact Jennie Hawker on 09 985 2521 or @email or Shania Spooner on 09 306 0622 or @email