When can we get divorced in New Zealand?

When can we get divorced in New Zealand?

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25.07.2026

My spouse and I separated recently, and I am ready to move on. A friend told me that I have to wait a long time before I can get a divorce. What is the legal process, and does it matter if my spouse does not agree?

Site Administration 29.07.2026
reply date: 29.07.2026

In New Zealand, divorce is called dissolution of marriage. Under the Family Proceedings Act 1980, the only ground is that the marriage has broken down irreconcilably, which is established if you and your spouse have lived apart for at least two years. Living apart can include separating under the same roof in some cases, but you may need evidence. You can apply jointly or alone, and your spouse's consent is not required, although they will be served with the papers and can respond. If you have been separated for at least two years, you can file the application in the Family Court, and the dissolution order takes effect one month after it is made. Dissolution does not itself settle property or children issues, so those need to be dealt with separately.

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