A recent change in our outdated relationship legislation has now passed, giving family violence survivors the power to quickly dissolve their marriages. This recent amendment removes the two-year separation requirement for divorce in abusive relationship situations when a final protection order has been obtained.
What has changed?
Previously, spouses had to be both physically and emotionally separated from their relationship for two years before they could apply to dissolve their marriage (get a divorce). No ifs, no buts, no exceptions – even if family violence or abuse was evident.
Coming into force in October 2025, the Family Proceedings (Dissolution for Family Violence) Amendment Bill 2024 now allows a party protected with a final protection order to apply for an order dissolving their marriage or civil union immediately. This milestone helps people with violent partners leave their relationships and removes a large source of power that can remain over victims even after separation.
What does this mean for survivors?
This amendment is an important breakthrough for all survivors. We hope this change gives people the sense of autonomy and empowerment they need to leave an abusive relationship, as they no longer have to remain married after separation when that final protection order has been granted.
This change brings to light the need for an in-depth review of our separation law in Aotearoa. This legislation is now over 40 years old, and the modern reality of how we form and dissolve relationships has vastly changed. We need legislation that reflects this – and the Family Proceedings (Dissolution for Family Violence) Amendment Bill is certainly a huge step in the right direction.
We are here to help.
Those in family violence situations will now have the chance to move forward with their lives. If you have a final protection order in place due to physical, psychological, or emotional abuse, you may be eligible for application.
Our relationship property team here at Godfreys are more than happy to help you with your separation, whether it be an application under the new law, or a dissolution under the standard track. Raajan, Kate and Erika will help you make sure you have all your bases covered during your separation and ensure the division of your relationship property is as seamless as possible.
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