Divorce: Getting a “Dissolution” Order
Overview
Family Proceedings Act 1980, ss 37–43
“Dissolution of marriage or civil union” is the term used in the Family Proceedings Act for divorce. You can ask the Family Court to dissolve your marriage or civil union if:
- you have been living apart for 2 years or more (in which case, the application can be individually or jointly),
- you have a final protection order in place against your spouse or civil union partner (in which case, the application can be made by you individually), or
- you and your spouse or civil union partner each have a final protection order in place against each other (in which case, the application can be made jointly).
To apply for a dissolution under New Zealand law, at least one of you must be domiciled in New Zealand. In general, being ‘domiciled’ means that New Zealand is your permanent home, even if you are or have been living overseas for a time.
