For expats divorcing in New Zealand, an application can be made either by both parties jointly or by one party. Applications are made via a standard form (which can be found on the website of the New Zealand Ministry of Justice). They are designed in such a way that they can be completed without the assistance of a lawyer, although the parties can be represented if they wish. It is not necessary to appear in court unless a party specifically requests it (which is unusual). If the parties submit a joint application and it does not contain errors, the dissolution shall take effect one month after its approval by the Registrar of the Court. If one party makes a request, the request must be served on the other party and they will have time to respond (21 days if they are in New Zealand, 30 days if they are in Australia and 50 days for the rest of the world). Assuming that the application is not defended, the Registrar examines the application at the end of this period and the dissolution takes effect one month later. If they have decided to appear in court, the registrar sets a date for the trial before a judge. Te Ara History of New Zealand teara.govt.nz/en/1966/divorce-and-separation Either party could file for divorce on any of the following grounds, based on the concept of marital fault: The Family Proceedings Act 1980 [1] is the law governing divorce in New Zealand. The New Zealand Parliament has exclusive jurisdiction to regulate matrimonial and divorce law. 1912 The Divorce and Matrimonial Causes Amendment Act 1912 [8] is passed. The grounds for divorce due to the respondent`s dementia were reduced to 7 out of 10 years.
1920 The Divorce and Matrimonial Causes Amendment Act 1920 [9] fundamentally changed the grounds for divorce and included: Before you apply for a divorce, known as a dissolution order, through family court, you must: New Zealand`s relationship property laws apply to legally married couples, registered couples and unmarried (de facto) couples, including those in a same-sex relationship. What constitutes a factual relationship is defined in the law. If you file for divorce yourself, the divorce documents must be given or served on your ex-partner by someone else (not you) and you must prove to the court that your ex-partner received the documents. You can file for divorce together if you both agree to divorce, or you can file for divorce yourself. For more information, visit the Department of Justice website: You need to agree on how to share custody of your children before you file for divorce. You`ll have to try to sort this out between you – if you can`t, there`s a process you`ll need to go through before you can go to court for a custody decision or parenting order. In 1963, the Matrimonial Procedure Act was adopted. [12] Two new minor grounds for divorce have been added.
If you`ve been living together for the past 2 years because you tried to get back together after the separation, you can still file for divorce. However, you must tell the court in your application that you did this to try to find yourself. If you need court help to divide your relationship property, you must file a separate application within 12 months of your divorce. The court may extend this period. 1867 The Divorce and Matrimonial Causes Act 1867 [3] is passed. This law was virtually identical to the corresponding law passed in England in 1857. [2] The judgment on the divorce procedure was transferred from Parliament to the courts. A husband may divorce his wife for adultery, but adultery by a single husband is not sufficient grounds for divorce. A woman also had to prove another reason such as cruelty, abandonment or bigamy. All cases were to be heard by three judges in Wellington. A request may be made either jointly by both parties or by only one party. Applications are made via a standard form (which can be found on the website of the New Zealand Ministry of Justice).
The form is designed so that it can be completed without the assistance of a lawyer, although parties can seek legal representation if they wish. In order for expats to apply for legal dissolution (divorce) in New Zealand, one or both parties must be “domiciled” in New Zealand – that is, they must have been born in New Zealand and not live in another country indefinitely, or have been born in another country but now live in New Zealand indefinitely.