Dividing your property when you split up (“Relationship property”)
Applying to the Family Court for a Relationship Property Order
How much does it cost to apply for a Relationship Property Order?
Family Courts Fees Regulations 2009, regs 5B, 7, Schedule 3
There is a fee of $700 for filing any relationship property application with the Family Court. If your case goes to a Family Court hearing in front of a judge, you will also have to pay an additional fee of $906 for each half-day (three hours) or part half-day (up to three hours). If either party chooses to use a lawyer, they will also have to pay their lawyer’s fees.
If you’re unable to pay the fee, you can apply to have it cancelled in your case (this is called a fee “waiver”). You’ll need to show that you’re dependent on a benefit or completely dependent on New Zealand superannuation or a veteran’s pension, or that you’d suffer “undue financial hardship” if you had to pay the fee.
Time limit for applying under the Act
Property (Relationships) Act 1976, s 24
There is a time limit for applications for orders under the Property (Relationships) Act:
- For a marriage or civil union, you must apply within one year after it is dissolved. See Divorce: Getting a “Dissolution” Order
- For a de facto relationship, you must apply within three years after the relationship ends.
