Separating from your partner or spouse can be one of life’s most stressful and challenging experiences. At Simpson Western, our dedicated Relationships team understands what you’re going through. We’re experienced, empathetic lawyers committed to guiding you through every step of the process. Our goal is to make things simpler and ensure you achieve the best possible outcome. In this article, we answer the questions we’re most often asked by clients facing separation.
How do you separate from your partner in NZ?
There’s no formal legal process required to “separate” in New Zealand. You simply need to live apart with the intention that the relationship has ended. If you want to formalise arrangements for dividing your assets, you can enter into a Separation Agreement, which must:
- Be in writing
- Be signed by both parties and their lawyers
- Include independent legal advice for each party
These requirements are set by law. A Separation Agreement cannot be signed without certification from two independent solicitors (from different firms). While AI tools might seem helpful for drafting, you still need a lawyer to advise you on your legal entitlements. This is crucial because your agreement may differ from what the law would otherwise provide.
If you and your ex cannot reach an agreement, you can apply to the Family Court for parenting orders or property division.
What is the difference between separation and divorce?
Separation: You stop living together as a couple. No court order is needed.
Divorce (Dissolution of Marriage): A legal process under the Family Proceedings Act 1980 that ends the marriage. You must have been living apart for two years before applying.
How long do you have to be separated before divorce in NZ?
You must be separated for two years continuously before you can apply for a Dissolution Order (divorce). Both parties confirm the separation period in their application—usually the date you began living apart.
Sometimes, couples remain under the same roof for practical reasons (e.g., children or financial constraints). This can still count as separation if you’re living separate lives.
How is property divided after separation in NZ?
Under the Property (Relationships) Act 1976, relationship property—such as the family home, chattels, and assets acquired during the relationship—is generally divided 50/50, unless:
- There are extraordinary circumstances, or
- There’s an economic disparity (e.g. one partner stayed home to care for children while the other advanced their career).
Separate property—such as assets you owned before the relationship, gifts, or inheritances—usually stays yours. However, if those assets have been mixed with shared property or used for the benefit of the relationship, they may be treated differently.
What happens with child custody after separation?
In New Zealand, there’s no legal concept of “custody.” Instead, the law focuses on guardianship and care arrangements under the Care of Children Act 2004.
Parents are encouraged to agree on terms and conditions regarding care for their children. If there aren’t any safety issues for your child, you can negotiate care arrangements through Family Dispute Resolution, with our assistance and/or through the Family Court. Any care arrangements for a child should focus on what is in that child’s best interests and welfare.
Do I have to pay child support?
Yes, if you’re not the primary caregiver. Child support is assessed by IRD based on income and care arrangements. You can have informal child support arrangements too.
What about spousal maintenance?
Under the Family Proceedings Act 1980, a spouse or partner may claim maintenance if they cannot support themselves financially after separation. This is usually short-term and based on need. If your ex is not willing to provide maintenance, you can apply to the Family Court for temporary or interim maintenance for up to six months so you can meet your reasonable needs.
What if my partner refuses to leave the home?
If the home is relationship property, neither party can force the other out without a court order. You can apply for:
- Occupation Order: exclusive right to live in the home
- Protection Order: if there is family violence (under the Family Violence Act 2018)
Need advice? Our Relationships Team is here to help you navigate separation and achieve the best possible outcome. Contact us today for expert guidance.
