Divorce Procedure in NZ and Australia

Divorce in NZ and Australia

Divorce is a difficult process, both emotionally and legally. However, it can be especially challenging when you and your spouse are living in two different countries. This article will provide an overview of the divorce process in New Zealand and Australia, including the relevant laws and procedures.

If you are considering divorce in New Zealand or Australia, it is important to seek legal advice from a family lawyer. The process and requirements for divorce vary between these two countries, so it is essential that you receive expert guidance specific to your case.

New Zealand

In New Zealand, the first step in applying for a divorce is to file a Notice of Intention to Divorce. This document must be served on your spouse, and they have 20 days to respond. If they do not respond, or if they agree to the divorce, you can apply for a decree nisi through the family court.

In New Zealand, there is no distinction between a “fault” or “no-fault” divorce. To obtain a divorce, you must satisfy the following conditions:

·You have been living separately and apart for at least two years, or

·One of you has been living separately and apart for at least one year and the other has consented to the divorce, or

·One of you has been living separately and apart for at least six months and there are no reasonable prospects of reconciliation.

You must also file a “divorce petition” with the family court, setting out the grounds for divorce and your proposed arrangements for any children. The family court will then issue a decree absolute, dissolving the marriage.

Australia

In Australia, the first step is to file an initiating application with the court. This application can be filed by either party and must state the grounds on which the divorce is being sought. The other spouse then has 28 days to file a response. If they do not respond, or if they agree to the divorce, you can apply for a decree nisi through the family court.

Australia operates on a “no-fault” divorce system, meaning that you do not need to prove that your marriage has irretrievably broken down. To apply for a divorce in Australia, you must satisfy the following conditions:

·You have been separated for at least 12 months, and

·You have both agreed to the divorce, and

·One of you has resided in Australia for at least the last 12 months.

You must also file a “divorce application” with the family court, setting out your reasons for wanting a divorce and your proposed arrangements for any children. The family court will then issue a decree nisi, dissolving the marriage.

Conclusion

While the divorce process in New Zealand and Australia share some similarities, there are also some important differences to be aware of. It is always advisable to seek legal advice from a family lawyer before proceeding with a divorce, especially if you and your spouse are living in different countries.

The process for finalizing a divorce in New Zealand and Australia is generally the same. Once a decree nisi has been granted, you must wait at least 6 weeks before applying for a decree absolute. This final decree ends your marriage and legally separates you from your spouse.