Family Court

The Family Court is a division of the District Court. It was established as a place where New Zealanders could get help with family problems. The Family Court assists with a variety of issues affecting families, including parenting through separation and divorce, relationship property, family violence and adoption.

The Family Court aims, wherever possible, to help people sort out their own problems by way of counselling, conciliation and mediation. They provide advice, free counselling and can appoint judges to mediate in disputes where required.

Most disputes are settled through these processes, but occasionally when a settlement cannot be reached, a defended hearing will be held and a decision made by a judge.

The Family Court is also used to settle disputes regarding children and a number of other family related areas in which disputes can occur. A relationship property dispute will be treated separately from any other dispute, even if both disputes are going through the family courts process at the same time. For example a separating couple might have a relationship property dispute and a custody dispute but these will be treated separately.

Steps in the Family Court Process

Below are all the possible steps that could occur if parties were unable to settle their relationship property dispute and it progressed to a defended hearing in the Family Court. The entire process could take twelve to eighteen months. The process is as follows:

Prior to Family Court

  • Lawyers obtain disclosure from clients of all their assets and liabilities
  • An attempt at settlement is made through correspondence or a round table meeting between the two parties and their lawyers

Family Court Process

  • One or more of the parties will issue Family Court proceedings, which will include an affidavit of assets and liabilities
  • The other party has 21 days to respond to the affidavit
  • A judicial conference is held, which is meeting of around 15 minutes between the parties, their lawyers and a judge, to narrow down the issues
  • The parties and their lawyers continue negotiations
  • A settlement conference is held, which is a 2 hour meeting between the parties, their lawyers and a judge. In this meeting, the judge will be encouraging the parties to come to a settlement agreement
  • If no settlement occurs following this conference, the dispute will progress to a defended hearing. It may take around 6 months before the hearing can be held
  • If the case is straight forward, the judge will make a ruling soon after. However if it is a complex case, the judge may take a further few months to decide on the case and communicate his ruling to the parties.

More information is included in our section How is relationship property settled?