Compassionate family lawyers in Christchurch

In New Zealand, the primary ground for divorce is the irreconcilable breakdown of the marriage or civil union, which is established by a two-year separation.

You and your partner have to be separated for two years before you, your partner or both of you can file to the Family Court to dissolve your marriage. There is a filing fee payable to the Court at the time of the application.

Child custody is determined based on the best interests of the child. Factors considered include the child’s needs, the parent's ability to meet those needs, and the child’s relationship with each parent.

If you are in immediate danger contact the police immediately. Domestic violence is defined as physical, sexual and or physiological abuse. If you are in a relationship where your partner has been violent, we may be able to assist you with your application to the Family Court for a protection order.

A guardian is usually the mother and father. A person can be appointed by the parents through the Court or appointed as a testamentary guardian through a Will. 

If you object to your partner relocating, you need to apply to the Family Court. The Court will look into whether the move is in the best interests of the child. The parent wanting to relocate will have to wait for the decision of the Court. If you believe your partner may relocate without your knowledge with your child, you may need an urgent application for an order of prevention of removal.

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances. 

Usually it requires both parents to consent, even if they are not living together. When the child reaches the age of 16 they have to consent to changing their name. 

The process involves legal steps to ensure the child’s best interests are met, including court procedures to legally establish the guardian’s rights and responsibilities.