Many people assume that once a divorce is final, all legal issues arising from the relationship have been dealt with. In reality, a divorce simply ends the marriage itself. It does not divide relationship property, and it can trigger important time limits that are often overlooked.
More than 7,800 divorces were granted in New Zealand in 2025. For some of those individuals, relationship property issues will already have been resolved. For others, property matters may still be outstanding, making it important to understand the applicable time limits.
Here’s what you need to know.
How do you get divorced in New Zealand?
In New Zealand a divorce is called a dissolution order, and you apply for it through the Family Court.
The system is no-fault. Nobody must prove who did what.
In most cases you need to show the marriage has broken down irreconcilably, which means you have lived apart for two years before you apply. You can get back together for up to three months in total during that time to try to make things work, without restarting the clock.
There is now one exception. Since 17 October 2025, a person protected by a final protection order against their spouse can apply without waiting two years. We cover this change in our article on new legislation impacting relationship property proceedings.
You can apply jointly or on your own, and at least one of you must be domiciled in New Zealand. If you apply alone, the other party must be served. If neither of you needs to appear in court, the divorce takes effect one month after the order is made.
What doesn’t a divorce do?
A dissolution order changes your legal status and that’s it. It does not:
- divide the family home, KiwiSaver, savings, a business or debts
- take either of you off the mortgage, because the bank isn’t bound by anything you and your former partner agree
- sort out your will
- decide care of the children, which is dealt with separately.
Dividing property is a separate process under the Property (Relationships) Act 1976 (PRA), done either by agreement or through the Family Court.
The one thing a divorce does open is a review of nuptial settlements under section 182 of the Family Proceedings Act 1980. In practice that often relates to a family trust set up during the marriage. If the trust leaves one party unfairly out of pocket, the court can vary it once the marriage is dissolved.
How long do you have to claim relationship property after divorce?
If you were married and need the Family Court to divide your property, you must apply within 12 months of the date your dissolution order takes effect.
The clock doesn’t start when you separate. It starts when the divorce becomes final. So, the step that feels like the end of things is the one that starts the countdown. This is the 12-month trap, and it catches people who got divorced first and assumed the property would sort itself out later.
If negotiations stall, or your former partner simply stops replying, 12 months can disappear quickly.
What if we were never married?
De facto couples don’t get divorced, so nothing triggers the clock except the separation itself. A de facto claim must be made within three years of the relationship ending.
That makes the date you separated worth writing down. If there’s ever an argument about when the relationship ended, there will also be an argument about whether a claim is out of time. Our article on de facto relationships covers how the PRA applies to de facto couples.
What if you miss the deadline?
It isn’t necessarily the end, but it gets harder and more expensive. The court can extend the time to apply. It will generally look at:
- how long the delay is
- whether there’s a good explanation for it
- the strength of the claim
- whether the other party would be unfairly prejudiced.
Extensions are granted, sometimes years out of time, where the explanation is good and refusing would be obviously unjust. They are also refused. Ongoing negotiations carry more weight as an explanation than simply not getting around to it.
An extension is something you have to apply for and argue, with no guarantee of success. Filing on time is a lot cheaper.
What order should you do things in?
Many people focus on the divorce process first and leave relationship property issues until later. In practice, it is often preferable to address property matters before applying for a divorce.
A better order is:
- Separate and record the date. An email, a letter or a separation agreement all help.
- Get advice early. Find out what is relationship property, what is separate property, and where you’re likely to land.
- Settle the property. A separation agreement is only binding if it’s in writing, signed by both of you, and each of you has had independent legal advice certified by your lawyer. An agreement you drew up yourselves may not hold up.
- Deal with the bank and update your will.
- Consider obtaining a divorce once property matters have been resolved. Doing so reduces the risk of limitation issues arising later.
While the divorce process is often relatively straightforward, relationship property issues are frequently more significant from both a financial and practical perspective. Addressing those issues early can help avoid unnecessary complications later.
Frequently asked questions
How long do you have to be separated to get divorced in NZ?
Two years, unless you are protected by a final protection order against your spouse. You can reconcile for up to three months in total during the two years without restarting the clock.
Do I need a lawyer to get divorced in New Zealand?
Not for the divorce itself. Plenty of people file the forms themselves. You do need a lawyer for a binding property agreement, because each of you must have independent legal advice for it to be enforceable.
Can I get divorced before our property is sorted?
Yes, but it starts a 12-month deadline for any Family Court property claim. It’s usually safer to settle the property first.
What happens if I miss the 12-month deadline?
You can ask the court for an extension of time, but there’s no guarantee. The court looks at the length of the delay, the explanation, the strength of the claim and any prejudice to your former partner.
Does the 12-month rule apply to de facto couples?
No. De facto partners have three years from the date the relationship ended.
Talk to a divorce and separation lawyer in Auckland
Gabrielle Thompson is a Senior Associate at Lane Neave specialising in relationship property, separation and divorce. She is the NZ Law Society Family Law Section Regional Representative for Auckland and sits on the Section’s Education Advisory Panel. Based in Auckland, she works with clients across New Zealand and offers a free 30-minute consultation by phone or Teams.
If you’re separated or divorced and aren’t sure where you stand, talk to a relationship property lawyer in Auckland before the deadline becomes the problem.
Email Gabrielle or phone her on 021 811 526.
