Separation & Divorce

Divorce and separation are traumatic events for the entire family. The emotional complexity of relationship breakdown means it is essential to receive legal advice that is both compassionate and clear‑headed. Our experienced family law team provides practical, expert guidance to help you navigate this difficult time with confidence.

Divorce and dissolution of marriage

An application for an order dissolving a marriage or civil union (commonly known as a divorce) can be made after two years of separation. Applications may be made by one spouse alone or jointly by both spouses.

We advise on the practical differences between these options and manage the preparation and filing of your dissolution application with the Family Court, ensuring the process is handled accurately and efficiently.

Separation

Separation from a spouse or partner is often an uncertain and emotionally challenging process. Many clients seek advice before they have decided whether separation is the right step for them.

If separation proceeds, we provide advice on:

• Division of assets under the Property (Relationships) Act 1976
• The care and arrangements for children
• Spousal maintenance (where appropriate)
• The process for dissolving a marriage or civil union

Our focus is on providing clear, pragmatic advice tailored to your circumstances.

Section 21 (contracting out) agreements

Section 21 Agreements — sometimes known as relationship property agreements or pre‑nuptial agreements — can be entered into at any time during a relationship. These agreements allow couples to protect certain assets, such as inheritances or pre‑relationship property, in the event of a separation.

We understand the sensitive nature of these agreements and advise with discretion, clarity, and a focus on achieving a sound and durable outcome.

Spousal maintenance

Following separation, spousal maintenance may be available where one partner is unable to adequately support themselves due to the roles assumed during the relationship.

Maintenance arrangements are often resolved alongside relationship property and child‑related matters and may include payments for interim, past, or future needs. We can advise on:

• The likelihood of a successful maintenance claim
• The expected duration of payments
• The potential quantum of maintenance

Relocation

After separation, one parent may wish to relocate — within New Zealand or overseas — for reasons such as employment opportunities or family support. Relocation proposals are commonly opposed by the remaining parent and can involve complex legal issues.

Under the Care of Children Act 2004, the child’s best interests are paramount, with a strong emphasis on maintaining meaningful relationships with both parents. We advise on:

• The prospects of a relocation application
• Defending a proposed relocation
• Orders preventing the removal of a child from New Zealand where there is a risk of non‑return