Recent legislative reforms in New Zealand mark a significant shift in how family violence is treated within relationship property and family law proceedings. Key among these are:
- Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (amending the Family Proceedings Act 1980)
- Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025
We outline a summary of these reforms below, which collectively:
- Remove significant legal barriers for survivors of family violence seeking separation.
- Strengthen procedural protections to stop people from using the court system to victimise others.
- Encourage timely resolution of financial entitlements and monitor for misuse of process.
The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024
New Zealand’s no-fault dissolution of marriage (divorce) system has been the standard since 1980. Until the amendment to the Family Proceedings Act 1980, victims of family violence often found themselves waiting over two years for dissolution of marriage to be granted legally.
Three courageous women pushed for change so that, in cases where there is a separation and where there is family violence, instead of waiting for two long years during which the victim remains tied to their abuser, they can obtain a divorce immediately.
The amendment introduced a new section allowing applications for dissolution of a marriage or civil union on the basis that one party is a protected person under a final protection order. Registered foreign protection orders would also count in categorising someone as a protected person.
This is a significant step towards helping people to move on with their lives without being legally tied to someone who has harmed them.
Relationship property considerations to keep in mind include:
- The one-year limitation period to initiate claims under the Property (Relationships) Act 1976 begins once dissolution is granted.
- Once granted, a dissolution enables the court to review post-nuptial property settlements under section 182 of the Family Proceedings Act 1980 to correct any unfairness.
Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025
By 17 February 2026, the Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025 will be fully implemented.
The purpose of the Family Court is to resolve matters as fairly, simply, and speedily as is consistent with justice, however, for some, proceedings can serve as another avenue to prolong conflict, waste time and resources – and to inflict harm.
The Act has strengthened the Court’s statutory powers to restrict or halt proceedings where litigation abuse is established.
Litigation abuse covers conduct intended to harass, annoy, harm, or psychologically abuse another party, using the court system to control the victim rather than to resolve legitimate disputes.
Such abuse can include making false allegations and filing excessive documents with the intention to hurt the party in some way. It may include several acts that form part of a pattern of behaviour, even if all or any of those acts when viewed in isolation appear to be minor or trivial.
If the Court is satisfied that a party has engaged in litigant abuse, it may order that the party obtain the Court’s approval before taking any further steps in existing or new family proceedings, for up to three years. A longer order of up to five years can be made if the Court considers there are exceptional circumstances.
