Now, a person who is a “protected person” under a final protection order (made under the Family Violence Act 2018, the Sentencing Act 2002 or a registered foreign protection order) can apply for dissolution of their marriage or civil union without meeting the two‑year separation period.
In other words, if a protection order has been issued, the victim of family violence may be able to end the legal relationship more swiftly.
This change came into force on 17 October 2025 and was driven by concerns that the mandatory two‑year waiting period kept victims tied to abusive relationships, increasing their risk of further harm.
This reform is being described as the first major reform in this area in approximately forty years and is seen as a significant step in enabling survivors of family violence to move on from abusive relationships with greater autonomy and less delay.
If you require assistance with formalising your divorce, please do not hesitate to reach out for help from the family law team at BCH Law.
By Michelle Carey | Senior Solicitor | 07 571 7008 | michelle@bchlaw.co.nz
The information contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter.
