Divorce checklist and paperwork organiser (New Zealand)

The quick version

1. Keep every document in one binder, split into the sections below.
2. Write down every date and deadline the moment you get it.
3. Give each piece of evidence a reference and use it everywhere.
4. Number the pages and keep an up-to-date index at the front.

Documents to gather

Gather these before you complete your PR1 or meet your lawyer. Tick each one off as you find it.

Dates and deadlines to track

• Date of marriage or civil union
• Date of separation (start of 2 years)
• Earliest date to apply (2 years apart)
• Filed (and served, if sole application)
• Hearing date (if you appear)
• Dissolution Order made
• Dissolution takes effect
• Property deadline (1 year after divorce)

Always use the exact dates in your court or tribunal letters and orders.

How to section your binder

What this binder is for

Case Ready is a document organisation and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce and separation in New Zealand, using Ministry of Justice, Inland Revenue and Community Law guidance.

• Organise documents logically
• Keep materials in order
• Prepare for hearings and deadlines

What this binder is not

Case Ready:

• Does not provide legal advice
• Does not tell you what arguments to make
• Does not guarantee any outcome

If you need legal advice, speak to a family lawyer, a Community Law centre, the Family Legal Advice Service or Citizens Advice Bureau.

How divorce works here

In New Zealand a divorce is a Dissolution Order from the Family Court. It ends the marriage or civil union only. It does not divide property or decide parenting.

• You need to have lived apart for at least 2 years, and still be apart when you apply. Fault is not relevant.
• The 2 years cannot be shortened, even if you both agree. A final protection order is the only exception.
• Living together to reconcile for 3 months or less in total does not break the 2 years. Say so in your application.
• Proof can be a separation agreement or Separation Order, a sworn affidavit, or one from someone who knows you both.
• At least one of you must be domiciled in New Zealand (your permanent home) when you apply.
• Pick the right pack: 1 sole, 2 joint, 3 or 4 where there is a protection order. Print single-sided.
• You can appear in court, or swear an affidavit instead. File at your local Family Court.

Sole application: someone other than you serves your ex-partner. They have 21 days (served in NZ), 30 (Australia) or 50 (elsewhere) to file a Notice of defence.

The money side

A Dissolution Order does not divide property. Relationship property is a separate agreement or application, with a short time limit.

• Relationship property is usually shared equally, and unpaid work like childcare counts equally with paid work.
• Relationship length matters. Under 3 years, different rules apply, especially for de facto couples.
• Personal debts stay with the person. Relationship debts, such as for the home or household costs, are shared.
• KiwiSaver, superannuation and insurance contributions made after the relationship began are relationship property.
• Three routes: agree yourselves, add it to children's FDR mediation, or get a Relationship Property Order.
• To enforce an agreement that divides property, it must be in writing and each of you needs independent legal advice.
• To apply: G5 application, narrative affidavit, PR1 affidavit as to assets and liabilities, and G7 information sheet.

Property is generally valued at the date of the court hearing. If values or household items are disputed, get independent valuations.

Children: agreements and orders

A Dissolution Order does not decide parenting. If you have children, the court must be satisfied there are arrangements for their day-to-day care and welfare.

• Day-to-day care is providing the child's day-to-day living arrangements. Contact is all direct and indirect interaction.
• Guardians share responsibility for major decisions. A dispute between guardians is settled by a separate order.
• A parenting plan is a private written plan. If everyone agrees, you do not need to do anything else.
• A Parenting Order, interim or final, is a Family Court order. A final order usually lasts until the child turns 16.
• If you cannot agree, Family Dispute Resolution (FDR) is mandatory before Care of Children proceedings, with exemptions.
• FDR mediation is free. Parenting Through Separation is a free four-hour course, and parents attend separately.
• For a Parenting Order you usually need to show FDR within 12 months and the course within 2 years.

Exemptions include urgent applications, applications where everyone agrees, and an affidavit showing family violence. FDR may not suit cases involving family violence.

Child support and what to record

Inland Revenue runs child support. You can have a formula assessment, a registered voluntary agreement, or a private arrangement between parents.

• A formula assessment needs the child to live with one carer at least 35% of the time, about 5 nights a fortnight.
• Apply through myIR ('I want to...', then 'Apply for child support'), the online application tool, or by phone.
• Have IRD numbers, bank and income details, and proof of each child's date of birth and parentage ready.
• Inland Revenue aims to assess within 2 weeks, then sends a notice. Report changes in income or care as soon as possible.
• Update your Working for Families details if your family situation or income changes.
• In the Parenting & Communication Log, record every handover, change of plan, missed or extra time and cost.
• Keep school, medical and childcare records, and a calendar of days and nights with each parent.

Child support is for children under 18 (or 18 and still at school) who are not married and are financially dependent.

Time limits to diarise

• Living apart: 2 years before you apply. A final protection order is the only exception.
• Registrar order: you are legally divorced 1 month after the order is made.
• Judge at an undefended hearing: the divorce is official that day.
• Defended application: the order takes effect one month after it is made.
• Relationship property: apply within 1 year of the divorce (dissolution).
• De facto relationship property: apply within 3 years after the relationship ends.
• FDR certificate counts for 12 months. Parenting Through Separation certificate counts for 2 years.

You can ask the court for permission to apply late, but leave is not guaranteed. Diarise the property deadline early.

Terms used in this organiser

• Dissolution Order: divorce. Applicant applies; respondent is served.
• Relationship property: shared under the Property (Relationships) Act 1976.
• Day-to-day care and contact: daily living arrangements, and all direct and indirect interaction.
• Parenting Order: a Family Court order. Parenting plan: a private written plan.
• FDR and Parenting Through Separation: free mediation, and a free four-hour course for parents.
• Separation Order: declares your separation date. It does not cover children or property.
• KiwiSaver and superannuation: contributions after the relationship began are relationship property.

PR1 is the affidavit as to assets and liabilities. In Inland Revenue child support, the liable parent pays the receiving carer.

Who this is for

Anyone separating or dissolving a marriage or civil union in New Zealand and sorting out property and children. It is general information, not legal advice. Follow your own court papers.

• In an emergency, call 111.
• Ministry of Justice and Family Court: 0800 COURTS (0800 268 787).
• Care of Children application pack by phone: 0800 224 733.
• Free help: Community Law centres and Citizens Advice Bureau.
• Family Legal Advice Service: income-tested. Check if you qualify on the Ministry of Justice site.
• The Ministry does not send payment links by text or email. If unsure, call 0800 268 787 before you pay.

If family violence is a concern, FDR may not be suitable. A duty mediator checks suitability at an initial assessment.

Hearings & practicalities

On the day of your hearing:

• Bring the copies you have been asked for
• Keep this binder with you
• Use it to find documents quickly

Judges, tribunal members and staff expect parties to be organised and to follow procedure.

Before your hearing

• Exact separation date written down, with any reconciliation periods
• Separation agreement or Separation Order filed in section C
• Certified marriage or civil union certificate to hand
• PR1 assets and liabilities completed, with supporting documents
• Independent valuations arranged where values are disputed
• KiwiSaver and super statements for both of you
• Parenting plan or proposed Parenting Order drafted
• FDR and Parenting Through Separation certificate dates noted
• Child support notices and payment history to hand
• Parenting & Communication Log up to date