How Long Does Divorce Take in NZ? 2026 Timeline Guide

The 2-Year Separation Requirement

New Zealand's Family Proceedings Act 1980 requires couples to be separated for at least 2 years before applying for divorce (dissolution of marriage). This is non-negotiable and cannot be shortened.

Uncontested Divorce Timeline

An uncontested divorce is where both parties agree to the divorce and have resolved property and children matters. This is the fastest path after the 2-year separation.

Stage	Timeline	Notes
Prepare application	1-2 weeks	Gather documents, complete forms
File with court	1 day	Pay filing fee, submit application
Service (sole only)	2-4 weeks	Spouse must be formally served
Response period	4-6 weeks	Spouse can respond or object
Court processing	8-12 weeks	Court reviews and processes
Interim order	Issued	Court grants dissolution
Final order	+1 month	Becomes final and legally binding

Total time for uncontested divorce: 4-6 months from filing (after 2-year separation)

Contested Divorce Timeline

A contested divorce involves disputes that extend the process significantly. The divorce itself is rarely contested - it's the related matters that cause delays:

Dispute Type	Typical Timeline	Why It Takes Longer
Simple property dispute	6-12 months	Mediation, valuations, negotiations
Complex property (businesses, trusts)	12-24 months	Expert valuations, trust investigations
Parenting arrangements	6-18 months	FDR required, court hearings if needed
High-conflict custody	12-36 months	Multiple hearings, expert reports
Property + custody combined	18-36+ months	Multiple parallel proceedings

Joint vs Sole Application: Which Is Faster?

Factors That Delay Divorce

How to Speed Up Your Divorce

The Divorce Process Explained

Step 1: Separation (2 Years)

You must be separated for at least 2 years before applying. During this time:

• Live separately (or clearly separated under same roof)
• Document the separation date
• Consider resolving property and children matters
• Seek legal advice about your rights and options

Step 2: Application

After 2 years, you can apply for dissolution:

• Complete the application form
• Provide marriage certificate
• State separation date and circumstances
• Pay filing fee

Step 3: Service (Sole Applications Only)

If filing alone, your spouse must be formally served:

• Personal service by court-approved server
• Spouse has time to respond or object
• If spouse can't be found, apply for substituted service

Step 4: Court Processing

The court reviews your application:

• Checks all requirements are met
• May request additional information
• Considers any objections

Step 5: Interim Order

If satisfied, the court grants an interim dissolution order. This is not yet final.

Step 6: Final Order

After 1 month, the interim order becomes final. You are now legally divorced and free to remarry.

Related Matters and Their Timelines

Divorce is just the legal end of your marriage. Related matters have their own timelines:

Matter	Typical Timeline	Process
Property division (agreed)	1-3 months	Relationship property agreement
Property division (court)	6-24 months	Family Court proceedings
Parenting order (agreed)	1-2 months	Consent parenting order
Parenting order (court)	6-18 months	FDR then Family Court
Spousal maintenance	2-6 months	Application to court

Frequently Asked Questions

Can I file for divorce before 2 years?

No. The 2-year separation period is a legal requirement in New Zealand with no exceptions. You can prepare documents and resolve other matters during this time, but cannot file the divorce application until 2 years have passed.

Does the 2-year period reset if we try to reconcile?

Short reconciliation attempts (under 3 months) don't reset the clock. However, if you reconcile for longer than 3 months, you'll need to start the 2-year period again from when you re-separate.

What if my spouse objects to the divorce?

In NZ, you don't need your spouse's consent to divorce. They can object to specific aspects (like the separation date) but cannot prevent the divorce if you've been separated for 2 years.

Can I remarry immediately after the final order?

Yes. Once the final dissolution order is issued (1 month after the interim order), you are legally single and free to remarry.

How long do I have to apply for property division?

You have 12 months from the date of your final divorce order to apply to court for property division under the Property (Relationships) Act. After this, you need court permission.