Separation Series: part four

Part four: Dissolving your marriage

 

Dissolving a marriage or civil union is the legal term for divorce and is usually dealt with separately from property division or parenting issues.

 

You can apply to the Family Court for a divorce if:

 

• You have been living apart for at least two years; and
• One or both of you are domiciled in New Zealand (which means New Zealand is your permanent home, even if you are or have been living overseas for a time).

 

If you lived together within the last two years, you may still be able to apply to dissolve your marriage if:

 

• You both consider that you were “separated” during that time, even though you lived in the same property (for example while you are sorting property division and childcare matters); or
• You were trying to get back together, but the time you spent together in total was less than three months.

 

You can apply for a divorce together or you can apply on your own, however it is cheaper and faster if you do it together. You will need a copy of your marriage or civil union certificate, which you can get through Births, Deaths, and Marriages. There is also a court fee of $233 that needs to be paid when you file your application.

 

This concludes our four part series on the separation process. If you would like assistance with your application or advice on dissolving your marriage or civil union, please get in touch with our Family Law team.