K3 Insights

In New Zealand, spouses and civil union partners normally need to wait two years after they separate to apply to the Court for a dissolution of their marriage or civil union (the legal term for a divorce). Originally, there were no exceptions to this rule; however, in 2024, Parliament passed a bill with broad cross-party support to create a limited exception for survivors of family violence.

This bill became the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024, which recently came into force on 17 October 2025.

Why this Act? Why now?

The bill was introduced after Ashley Jones campaigned for the law change due to the frustration she experienced with the process for obtaining a divorce. Ashley was a survivor of family violence, having left an abusive marriage in 2020. She felt tied down to her former abuser for two years before she could legally end that marriage.

Ashley’s experience is reflective of many other survivors of family violence in New Zealand who have to bear the mental and emotional toll of remaining legally tied to their abuser while waiting for the two-year period to expire. The delay also exposes victims to the risk of further abuse.

New Zealand unfortunately has one of the highest rates of family violence in OECD countries.

In the first reading of the bill, Dr Liz Craig, from Labour, said:

“We think back, ‘What was the original aim of [the two-year waiting period]?’ I think it was really to make sure that people had made up their mind and that decision was final. But in a situation where you've got family violence, then reconciliation may not either be appropriate or desirable.”

As a sign of the bill’s broad cross-party backing, Harete Hipango of National told the House:

“But importantly, this legislation is recognising that the victims of family violence who are in a legal relationship, defined as either a marriage or civil union, are locked into that … and although the perpetrator of that violence had been imprisoned, the victim or subject of the violence was imprisoned in a legal relationship”

Who can apply for an early divorce under the new law?

In order to apply for an expedited divorce under the new law, survivors of family violence will need to establish that they are a protected person under a protection order made against their spouse or civil union partner.

The order can be a final protection order made under the Family Violence Act 2018, a protection order made under the Sentencing Act 2022, or even a foreign protection order that has been registered under the Family Violence Act.

If someone is a protected person under a protection order, there is no longer a requirement to establish that they are separated and living apart from their former spouse or civil union partner.

This is significant, as due to the systems of coercive control that abusers often employ against their victims, New Zealanders who leave abusive relationships may find themselves returning to their abusers within the two-year window, giving the abuser grounds to argue that they have reconciled their relationship, and causing the two-year timer to begin running afresh.

What about relationship property?

In New Zealand, if you have been in a marriage, civil union, or de facto relationship for a period of three years or more, your family home, family chattels, and the other assets you acquire during that relationship will be relationship property, which each spouse or partner is entitled to a 50% share of.

Spouses and civil union partners generally have one year after divorce to file applications under the Property (Relationships) Act 1976 concerning relationship property, while de facto partners have three.

This means that, because spouses and civil union partners previously had to wait two years after separation to get a divorce, all New Zealanders previously had at least three years after separation to file an application under the Act. Under the law change, those who obtain an expedited divorce could be faced with a shorter timeframe to file their relationship property applications.

While the time limit for filing these applications is not a strict one, as the Court does have the power to extend it, it is important to be aware of these limits to avoid the hurdles associated with filing out of time.

Contact the team

If you or someone you know is experiencing family violence, please reach out to https://womensrefuge.org.nz/ or https://08004wiseguys.org/

If you have immediate concerns regarding your safety, contact the police on 111 immediately.

If you would like advice on obtaining a protection order, a divorce, or if you are just considering separating and don’t know where to start, get in touch with K3 Legal’s family law team today.