Apply for a divorce

Where we can help

Once you have been separated from your ex-spouse for two years, we can help you gather all the information you need to apply for your divorce and complete the correct forms on your behalf. We can guide you through the process to make it quick and easy.

Things to consider

Before you can ask the Family Court to legally end your marriage or civil union:

• Have you been living apart for at least 2 years?
• Is either you and/or your ex-spouse based in New Zealand?
• Have you agreed on day-to-day care of your children?
• Will you need the Courts help to resolve relationship property matters in the future?

Your options

The process that must be followed will depend on:

1. Whether you want to apply together with your ex-spouse or alone
2. Whether or not you want to appear in Court

Applying jointly with your ex-spouse or alone

If you apply alone, there will be some extra steps involved to serve the documents on your ex-spouse. The person who serves the documents will need to file an affidavit to the Court to confirm that they have done so. Your ex-spouse will then be given an opportunity to object to the divorce being made. Where possible, you should make a joint application with your ex-spouse. This will save you on time and money.

Appearing in Court

You do not need to appear in Court to be granted a Dissolution Order unless you want to or your ex-spouse objects to the divorce. If you do not want to appear in court, assuming the court is satisfied your application meets all the requirements, they will grant the Dissolution Order. You will be legally divorced 1 month after that order is made.

You may want to appear in court if you urgently need a divorce. If you appear in court, both you and your ex-spouse must attend and a judge will grant the Dissolution Order which becomes official on that day.

Costs

Joint application

If you make an application with your ex-spouse, our fee to prepare your documents and assist with filing them in the Court is $500. This fee is inclusive of GST and the Court’s $211.50 filing fee. The fee will be invoiced once we have contacted you to confirm you wish to proceed. 

If you are ready to begin your application, you can by selecting one of the below options:

Individual application

If you want to make an application alone, our fee to prepare your documents and assist with filing them in the Court is $650. This fee is inclusive of GST and the Court’s $211.50 filing fee. The fee will be invoiced once we have contacted you to confirm you wish to proceed. 

If you are ready to begin your application, you can by selecting one of the below options: