Legal Dissolution

How do I legally end my marriage or civil union?

In the Family Court, divorce is referred to as dissolution. A dissolution can be requested by one or both parties, once you have been living apart for two years. In both cases, all the following documents are required by the Court as part of your application:

• A joint or single party application for dissolution
• A sworn affidavit from the person filing. In the case of a joint application, one sworn affidavit will be filed by both parties jointly
• An information sheet containing the address and contact details for both parties and the names of any children you have
• An original or certified copy of your marriage certificate
• Any separation agreement or separation order, if you have one.

You can obtain the relevant forms from any Family Court Office or from the Ministry of Justice website. Alternatively, we can draft and file the relevant documents on your behalf.

In the case of a single party application, a copy of the application will need to be served on the other party. This means the documents will have to be given to the other party personally, by someone other than the applicant. This is usually done by a process server (a person whose job it is to serve documents). The documents cannot be posted, even if the other party lives overseas.

If there are delays in the Family Court where the applications are processed, it may take three months for the dissolution to be finalised.

The Court will usually decline to make a dissolution order if it appears that relationship property has not been finally divided, or care and support arrangements for children are uncertain.

You can apply for a dissolution without using a lawyer. You may want to engage a lawyer to complete all the paperwork for you, or if you have a situation which is not straight forward. For example if you don’t know the whereabouts of your ex-partner, or if the other party disagrees with the separation date you have stated.