Ashley’s Law: How Domestic Violence Survivors Can Get an Immediate Divorce in New Zealand

For 45 years, New Zealand law required a two-year separation period before a marriage could be dissolved — even if one partner was living in fear. Since 18 October 2025, that changed. A survivor of family violence who holds a final protection order can now walk into the Family Court and apply for immediate dissolution of their marriage. No waiting. No two years of being legally tethered to an abuser. This is Ashley’s Law — and it exists because of three women who refused to accept that the legal system should prioritise process over safety.

The Two-Year Problem — and Why It Mattered

New Zealand introduced “no-fault” divorce in 1980 under the Family Proceedings Act 1980. The idea was sound: remove the need to prove adultery or other misconduct, and instead require only that the marriage had broken down irretrievably. The evidence of that breakdown? Living separately for at least two years.

For most couples, two years is a manageable timeframe. But for survivors of domestic violence, it could be devastating. If a survivor fled an abusive marriage — secured a protection order, found safety — they remained legally married to their abuser for two full years before they could seek a divorce. They could not remarry. In some circumstances, financial entitlements remained entangled with the abuser’s estate. And the legal tie itself was one more mechanism an abusive partner could exploit.

Nine thousand divorces are granted in New Zealand annually, based on 2025 data. A significant proportion of those involve relationship breakdown connected to family violence. For those survivors, the two-year rule was not a neutral procedural requirement — it was an extension of the harm.

Who Was Ashley, and How Did the Law Change?

Ashley Amiatu was a New Zealand woman who was murdered by her estranged husband in 2018. At the time of her death, she was working to escape the marriage but was still legally bound to the man who killed her. Her family, along with two other survivors — known publicly as Debbie and Susan — campaigned for years for the law to be changed.

The result was the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024. This Act inserted a new section 39A into the Family Proceedings Act 1980, creating a separate ground for dissolution of marriage for family violence survivors. It came into force on 18 October 2025.

The law operates as follows: a person who is the protected person under a final protection order made under the Family Violence Act 2018 can apply to the Family Court for dissolution of their marriage or civil union without waiting two years. The application can be made from the date the final protection order is in place — there is no minimum separation period.

How the New Dissolution Process Works

The mechanics differ from ordinary dissolution in important ways. Under the standard two-year pathway, spouses file Form 1 and must demonstrate they have been living separately for two years. Under section 39A — the Ashley’s Law pathway — the two-year requirement is simply absent. You apply while the final protection order is in force, and the court does not ask how long you have been separated.

What You Need to Qualify

To use the Ashley’s Law pathway, you must satisfy three conditions at the time of application:

1. You must be married to, or in a civil union with, the person against whom the protection order was made.
2. There must be a final protection order currently in force under the Family Violence Act 2018, naming you as the protected person.
3. You must be the one applying — the respondent (the person subject to the order) cannot use this pathway.

The Victims of Family Violence Act 2025: What Else Changed

Ashley’s Law was the first piece of this legislative reform. The second — the Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025 — came into force on 17 February 2026. Its focus is different: it strengthens the Family Court’s powers to deal with litigation abuse.

Litigation abuse occurs when an abusive partner uses court proceedings — applications for parenting orders, relationship property proceedings, or other Family Court matters — not to resolve legitimate disputes but to continue controlling and harassing the protected person. Multiple applications, baseless appeals, procedural delays, and demands for extensive cross-examination are all tactics a perpetrator can deploy inside the courtroom.

The 2025 Act gives the Family Court new tools to identify and stop this behaviour:

• Vexatious litigant orders: The court can now more readily restrict or prohibit a party from filing further applications where it is satisfied that proceedings constitute litigation abuse.
• Cost awards as deterrence: The Act expressly recognises that cost orders can be used to deter abusive use of the court system.
• Stronger case management: Courts can now consolidate proceedings, limit evidence, and streamline hearings specifically to reduce opportunities for tactical delay.

Dissolution and Relationship Property: Separating the Issues

One of the most important things to understand about Ashley’s Law is what it does not do. Dissolving the marriage does not automatically resolve relationship property, maintenance, or other financial matters. These are entirely separate proceedings under different legislation.

When a marriage ends, the division of assets is governed by the Property (Relationships) Act 1976. Generally, relationship property — which includes the family home, furniture, joint bank accounts, and income earned during the relationship — is divided equally when a relationship of three years or more ends. Separate property, such as an inheritance received individually and kept separate, is not shared.

Children, Care Orders, and Protection Orders

Family violence situations involving children are among the most complex areas of New Zealand law — and among the most urgent. A few key points every survivor should know:

A protection order does not automatically determine children’s living arrangements. Parenting arrangements — who the children live with day-to-day and who has contact — are governed by the Care of Children Act 2004. The court’s paramount consideration is the child’s welfare and best interests. A protection order is relevant evidence but does not by itself determine care arrangements.

Supervised contact can be ordered. If the court grants the respondent contact with children, it can require that contact to be supervised — through a supervised contact centre or a mutually agreed third party. The court can also include children in a protection order, preventing the respondent from contacting them directly.

Urgent without-notice applications are available. If a child is in immediate danger, the court can make urgent without-notice orders — sometimes within 24 hours — for interim care arrangements and protection. This is one of the most time-sensitive actions in family law, and a lawyer’s help in preparing the application is strongly recommended.

Step-by-Step: How to Apply Under Ashley’s Law

1. Confirm your final protection order is in force. Check the Family Court order documentation to confirm the order is final — not temporary. If you are unsure of the status, contact the Family Court registry or your lawyer.
2. Obtain your marriage or civil union certificate. You will need the original or a certified copy. If you do not have it, apply to Births, Deaths and Marriages (bdm.govt.nz).
3. Complete the dissolution application form. Use the Family Court’s application form. Your lawyer can assist with this. Crucially, you will be invoking section 39A of the Family Proceedings Act 1980, not the standard two-year ground. Make this explicit in the application.
4. File the application at the Family Court. File at any Family Court in New Zealand. Pay the filing fee (check the current fee with the registry — as of 2026, dissolution filing fees apply). Legal aid may be available if you meet the financial criteria.
5. Service on the respondent. The other party ordinarily must be served with the proceedings. Given the family violence context, speak with your lawyer or the court registry about safe service options. The court has discretion to manage service in ways that protect your safety.
6. Wait for the dissolution order. If there is no defence, the court will grant the order. The order becomes absolute one month after being made. At that point, the marriage is legally ended and you will receive a dissolution certificate.

Frequently Asked Questions

A Law Born From Loss — and What It Changes Going Forward

There is something worth noting about the way Ashley’s Law came to exist. It was not driven by a law commission report or a policy review. It was driven by women who experienced the gap in the law first-hand, who lobbied, who waited, and who eventually succeeded. The law is named for someone who did not survive to see it.

What changes now is not just the process. It is the message the legal system sends to survivors: that the state’s interest in a tidy two-year procedural box does not outrank a person’s safety and autonomy. The practical effect — removing one more tool from an abusive partner’s arsenal — may be modest in isolation. But it is real, and it is immediate for every survivor who qualifies on 18 October 2025 and beyond.

The harder question, which the courts are now beginning to answer, is what happens when the Ashley’s Law pathway interacts with contested property proceedings, custody disputes, and the ongoing litigation abuse that the 2025 Act tries to address. These are not theoretical problems. They will arrive in courtrooms across New Zealand in the months ahead.

Sources and Legislation

• Family Proceedings Act 1980 (including s 39A) — New Zealand Legislation
• Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 — New Zealand Legislation
• Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025 — New Zealand Legislation
• Family justice initiatives — New Zealand Ministry of Justice
• Family Violence Act 2018 — New Zealand Legislation
• Care of Children Act 2004 — New Zealand Legislation
• Property (Relationships) Act 1976 — New Zealand Legislation