Top 10 divorce and dissolution questions people ask our Christchurch law team

Navigating the end of marriage or civil union is rarely straightforward, and the legal aspects can seem overwhelming during an already emotional time. At Weston Ward and Lascelles, we recognise our clients’ vulnerability during this tough time and are passionate advocates for their long term emotional and financial health. Our Christchurch family law team guides clients through divorce and dissolution processes with empathy and expertise.

Here are the ten most common questions we receive to help you understand what potentially lies ahead:

1. What's the difference between separation, divorce, and dissolution in New Zealand?

In New Zealand, "separation" refers to the point when a couple decides to live apart. There's no formal registration process for separation.

"Divorce" applies to married couples and is legally termed "dissolution of marriage" in New Zealand. For civil unions, the process is called "dissolution of civil union." While the emotional journey may begin with separation, the legal process of ending a marriage or civil union can only start after living apart for two years. Our family lawyers in Christchurch can help clarify your specific situation and guide you through the appropriate legal pathway.

2. How long does it take to get a divorce in New Zealand?

The legal requirement is that you must have been living apart for at least two years before applying for a divorce or dissolution. If you have attempted reconciliation within this two-year period, as long as it was for less than three months cumulatively, the clock is not reset. Once you submit your application, it typically takes about six weeks if it's uncontested (both parties agree). If contested, the timeline extends significantly and may involve litigation in the Family Court. The actual dissolution order becomes final one month after the Family Court grants it, at which point your marriage or civil union is legally ended.



3. Do we need to go to court for our dissolution?

Not necessarily. If both parties agree to the dissolution and it’s uncontested, you'll likely never need to appear in court. The process can be completed by filing the paperwork with the Family Court.

However, if one party doesn't agree to the dissolution or there are disputed matters regarding children, property, or support, court proceedings may be necessary. Our litigation team can represent you in these more complex scenarios, ensuring your long-term interests are protected throughout.

4. How will our property be divided?

New Zealand's relationship property law works on the principle of equal sharing of relationship property after a relationship breakdown. However, there are exceptions and nuances. The Property (Relationships) Act 1976 provides that family homes, vehicles, furniture, and other assets acquired during the relationship are usually divided equally (if a prenuptial agreement exists, this will require further investigation). However, inherited property, gifts specifically to one person, and assets acquired before the relationship may be considered separate property.

Our relationship property lawyers can advise you on likely outcomes based on your specific circumstances and help negotiate a fair division, potentially saving you from stressful litigation.

5. What about our family home?

The family home is usually considered relationship property regardless of whose name is on the title or who paid for it, especially if it was purchased during the relationship or used as the family home for an extended period. If you have children, you may agree that the primary caregiver stays in the home, but responsibilities for mortgage and upkeep must be clarified. If no agreement is reached, the Family Court can intervene.

This can become particularly complex if the home is held in a trust structure. Our expertise in both family law in Christchurch and family trust structures enables us to provide comprehensive advice on these intersecting legal areas.



6. How will custody of our children be decided?

In New Zealand, the focus is always on what's best for the children. The courts prefer arrangements where both parents remain involved in their children's lives, when appropriate.

If you can agree on arrangements for your children, a Parenting Agreement can be created without court involvement. If you can't agree, you'll need to attend Family Dispute Resolution mediation before applying to the Family Court for a Parenting Order. Our family law team can help you navigate this sensitive area, always keeping your children's wellbeing at the centre of any arrangements.

7. Will I have to pay child support or spousal maintenance?

Child support is usually calculated using a formula based on both parents' incomes, the number of children, and the care arrangements. You can make a private agreement or use the Child Support Agency of the Inland Revenue Department’s assessment. If you are in receipt of a welfare benefit, the Child Support Agency administers the arrangement.

Spousal maintenance isn't automatic. It depends on one party's need and the other's ability to pay. It's typically temporary, designed to help a financially dependent spouse transition to self-sufficiency. Our relationship law team in Christchurch can provide advice tailored to your specific financial situation. It’s crucial to seek legal advice at this stage to make sure the maintenance offered is equitable and fair.

8. Can we get divorced if one of us doesn't want to?

Yes. Under New Zealand law, you don't need your spouse's consent to get a dissolution. If you've been living apart for two years, you can apply for dissolution even if your partner objects. However, an uncontested dissolution is generally smoother and less expensive. If your partner is making the process difficult, our litigation support services can help you navigate these challenges effectively.