What are the grounds for divorce in New Zealand?

In New Zealand, the primary ground for divorce is the irreconcilable breakdown of the marriage or civil union, which is established by a two-year separation.

How long do I wait before filing to dissolve my marriage?

You and your partner have to be separated for two years before you, your partner or both of you can file to the Family Court to dissolve your marriage. There is a filing fee payable to the Court at the time of the application.

How is child custody determined?

Child custody is determined based on the best interests of the child. Factors considered include the child’s needs, the parent's ability to meet those needs, and the child’s relationship with each parent.

How do I obtain a protection order from a violent partner?

If you are in immediate danger contact the police immediately. Domestic violence is defined as physical, sexual and or physiological abuse. If you are in a relationship where your partner has been violent, we may be able to assist you with your application to the Family Court for a protection order.

A guardian is usually the mother and father. A person can be appointed by the parents through the Court or appointed as a testamentary guardian through a Will.

How do I object to my partner relocating to a new country/city with our child/children?

If you object to your partner relocating, you need to apply to the Family Court. The Court will look into whether the move is in the best interests of the child. The parent wanting to relocate will have to wait for the decision of the Court. If you believe your partner may relocate without your knowledge with your child, you may need an urgent application for an order of prevention of removal.

How do we separate our assets when we separate?

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.

Can my ex-partner change our children's names without my permission?

Usually it requires both parents to consent, even if they are not living together. When the child reaches the age of 16 they have to consent to changing their name.

What is involved in the process of adoption or guardianship?

The process involves legal steps to ensure the child’s best interests are met, including court procedures to legally establish the guardian’s rights and responsibilities.

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At Weston Ward & Lascelles, we understand the emotional complexity of family law matters. From our office in Riccarton, Christchurch, our skilled team of family lawyers offers compassionate and comprehensive legal services. Whether you're facing divorce, custody issues, or need guidance on property settlements, we are here to support and guide you through each step with tailored advice and dedicated advocacy.

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Navigating relationship splits: What’s next?

Separating from a partner is challenging, but the steps you take now lay the groundwork for your future. In Christchurch, our family lawyers are ready to help you organize the essential paperwork, make prudent decisions, and avoid common pitfalls. If children are involved, it’s crucial to establish care agreements and financial arrangements promptly. Seeking timely legal advice from our experts can pave the way for a smoother transition and a fresh start.

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We understand your circumstances, why you came to us, and your future goals. We protect your long-term position and keep you informed throughout the process. With expertise in all aspects of dissolution, we aim for the best outcome at the lowest cost. Resolving issues through agreement or the Family Courts, we handle relationship property, child custody, support, and spousal support.

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With 140 years in Christchurch, we offer legal expertise for customised solutions to safeguard your assets and future.

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With a long-standing presence in Christchurch, West Ward & Lascelles brings a profound understanding of local family law nuances, ensuring tailored solutions that are both effective and compliant with local regulations.

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Whether it's divorce, child custody, relationship property, or spousal support, Weston Ward & Lascelles offers a full range of family law services, aimed at achieving the best possible outcomes with cost-efficiency and thorough communication throughout the process.

Family Law FAQs

Got a question? Our team of experienced family lawyers based in Christchurch are here to help.

What are the grounds for divorce in New Zealand?

In New Zealand, the primary ground for divorce is the irreconcilable breakdown of the marriage or civil union, which is established by a two-year separation.
How long do I wait before filing to dissolve my marriage?

You and your partner have to be separated for two years before you, your partner or both of you can file to the Family Court to dissolve your marriage. There is a filing fee payable to the Court at the time of the application.
How is child custody determined?

Child custody is determined based on the best interests of the child. Factors considered include the child’s needs, the parent's ability to meet those needs, and the child’s relationship with each parent.
How do I obtain a protection order from a violent partner?

If you are in immediate danger contact the police immediately. Domestic violence is defined as physical, sexual and or physiological abuse. If you are in a relationship where your partner has been violent, we may be able to assist you with your application to the Family Court for a protection order.
Who is a guardian?

A guardian is usually the mother and father. A person can be appointed by the parents through the Court or appointed as a testamentary guardian through a Will.
How do I object to my partner relocating to a new country/city with our child/children?

If you object to your partner relocating, you need to apply to the Family Court. The Court will look into whether the move is in the best interests of the child. The parent wanting to relocate will have to wait for the decision of the Court. If you believe your partner may relocate without your knowledge with your child, you may need an urgent application for an order of prevention of removal.
How do we separate our assets when we separate?

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.
Can my ex-partner change our children's names without my permission?

Usually it requires both parents to consent, even if they are not living together. When the child reaches the age of 16 they have to consent to changing their name.
What is involved in the process of adoption or guardianship?

The process involves legal steps to ensure the child’s best interests are met, including court procedures to legally establish the guardian’s rights and responsibilities.