Marriages, civil unions and de facto relationships
Civil unions
Who can enter into a civil union?
A civil union is a legal relationship similar to marriage.
You can enter into a civil union if:
- neither of you are currently married or in a civil union with someone else, and
- you’re not closely related by blood, marriage, civil union, or adoption (a list of the kinds of relationships that are not allowed is in Schedule 2 of the Civil Union Act 2004), and
- you’re both 18 or older. If either of you are 16 or 17, that person will need permission from the Family Court (it will be the same process of asking the Family Court permission to get married at 16 or 17 – see: “16 and 17 year olds need a judge’s permission to get married“).
How do I enter into a civil union?
Civil Union Act 2004, ss 7–9, 11-16New Zealand Gazette, 3 November 2005, 2005-go7286
You’ll need to get a civil union licence and then has to be solemnised in a formal ceremony conducted by an approved civil union celebrant or an “exempt body”. Currently, the only exempt body is the Religious Society of Friends (the “Quakers”). The law also allows for Registrars to solemnise civils unions. However, in practice, this no longer occurs. While you can opt to have a set-fee “registry ceremony”, these ceremonies are neither held in a registry office nor conducted by a Registrar.
First, you’ll need to submit a “Notice of Intended Civil Union” with the Registrar. You can find this form online, here (or go to govt.nz and search “Get a civil union licence”) and pay a $158 fee. You cannot submit this form online and the statutory declaration within it must be signed in front of a Registrar.
Provided that:
- the fee has been paid,
- the registrar does not have reasonable grounds to believe the civil union would be unlawful or that the law has not been complied with, and
- no notice of objection to the civil union has been lodged,
you will be sent a civil union licence and two copies of the “Copy of particulars of civil union,” a form with all the details of the people getting the civil union. Give all three of these documents to your celebrant before your ceremony.
You must have the civil union ceremony within three months of receiving the civil union licence. If you do not, you will need to apply for a new licence.
How does a civil union formally end?
A civil union formally comes to an end when the Family Court issues a divorce (Dissolution Order), the same as with a marriage (see: “Divorce: Getting a “Dissolution” Order”).
Changing a civil union into a marriage or a marriage into a civil union
A couple in a civil union can change their relationship into a marriage (or the other way around) without getting divorced first (see: “How does a marriage formally end?” for more on this process).