FAQs
What is a dissolution of marriage?
Dissolution is the legal term for divorce.
Can I apply for divorce?
Yes, if you have been separated for 2 years or more, and at least one of you is domiciled in Aotearoa/New Zealand.
What reason should I give for divorcing?
You do not need to give a reason because "irreconcilable differences" is the only reason for legally dissolving a marriage (or civil union). Your application will automatically say there are "irreconcilable differences".
This means that your relationship has broken down and is at an end. Neither of you is blamed for this.
How long does it take to get a divorce in NZ?
Our form takes about 15 minutes to fill in.
We complete most documents within 2 business days of receiving them from you, though this can be 5 business days during busy periods.
Once you and your husband/wife sign the forms at Court, the Court usually process the application within 1-2 weeks and make the order.
The order will then come into effect one month later.
How much does it cost to get a divorce in NZ?
Our Easy Divorce documentation preparation fee is only NZ$329.
The Family Court filing fee is $233. If you are on a benefit or if the fee will cause you hardship then you can apply to the Court to waive the fee. This is not part of the Easy Divorce process.
If you need a marriage certificate you can order one from Births Deaths and Marriages. It costs $33 and will take 1-2 weeks to arrive by post.
Where can I get my marriage certificate from?
Order it from Births Deaths and Marriages. It will cost $33 and take 1-2 weeks to arrive by post.
Where is my nearest Family Court?
Find your nearest Family Court here. Make sure to select Family Court on the top drop down menu first.
We have been separated, but still living in the same house, for some (or all) of the 2 years. Can we still apply for a divorce?
Yes, as long as you were both clear that the relationship was over and you were only living in the same house for financial or other practical reasons.
We tried getting back together, but it didn’t work. When do we count our 2 years of separation from?
You can get back together for up to 3 months without having to start the 2 years over again. You can get back together more than once, as long as the total time you spend back together is less than 3 months.
E.g. Blake and Taylor started a trial separation on 10 January 2020. They got back together for 10 weeks between May and July 2020. They separated for good on 12 July 2020. They are still eligible to apply for divorce from 11 January 2022.
Can we get divorced if we haven’t agreed on our children’s care arrangements?
This will not hold up your divorce order. Our form will guide you through the best way to describe where you are at with the children’s care arrangements. However, applying for a divorce order will not affect the care arrangements.
If you need a court order about the children you will need to make a separate application. The Ministry of Justice has information and resources about this.
Can we get divorced if we haven't divided our property yet?
The Family Court doesn’t consider property matters when making divorce orders. If you need the Court’s help to divide property you will need to make a separate application within 12 months of the divorce order being made.
We weren’t married in Aotearoa/New Zealand, can we still apply for divorce here?
Yes, if at least one of you is domiciled here. If your marriage certificate is not in English you will need to provide a certified translated English copy. That is not part of the Easy Divorce documentation preparation service, you will need to arrange your own translator and the certification of the translation.
One of us lives overseas, how do we sign the documents?
Please contact us and we will help you arrange this.
What is the fastest way to get a divorce in NZ?
As soon as you have been separated for 2 years, complete our questionnaire. We will have your documents to you ready to be signed and filed in just 2 business days. The Court will process your application and your divorce will be granted 1 month later.
When can I re-marry after getting a divorce?
You can apply for your new marriage licence on the day your divorce order comes into effect. Your marriage licence will take approximately 3 days to receive.
What if I don’t know how to contact my husband/wife anymore?
If you are wanting to make a joint application, but have lost touch with your spouse we suggest you ask family or friends to make contact with them so you can arrange to meet them at Court to sign the documents (clear instructions about this will be sent to you when you complete and submit our form).
If you do not wish to see your spouse to sign a joint application, you can make a sole application for dissolution. You will need a home or work address for them so that the application can be served on them and you will need to arrange service. You will be given instructions on how to do that.
It is my civil union, not a marriage, that I want to dissolve. Can I still use Easy Divorce?
Yes, fill in the form in the same way (just read in partner instead of husband/wife and civil union instead of marriage as needed). Please email us at easydivorcenz@gmail.com to let us know to customise your documents as a civil union dissolution.
Do I need a lawyer to help with my divorce?
No, not for your joint divorce application. We will provide all the forms and instructions you need.
If you need legal advice on other matters like children's care arrangements or property division, you can look for one here.
Do I need to do anything once I receive the Order from Court?
No, just file it somewhere safe. You're done!
My question is not here
If the FAQs haven't answered your question please contact us.
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