Why can't New Zealand divorce?

No matter whether the marriage registration is in New Zealand or overseas, you can apply for divorce in New Zealand as long as you meet the corresponding conditions.

Conditions of divorce in New Zealand

Divorce in New Zealand requires two basic conditions:

First, when filing a divorce application, one of the spouses must settle in New Zealand. "Settle in New Zealand" means that New Zealand is the applicant's permanent residence, even if the applicant currently lives overseas or has lived overseas for some time. Under the following circumstances, it can be regarded as settled in New Zealand:

(1) The applicant was born in New Zealand, has not settled in another country, and does not intend to live overseas indefinitely. If the applicant is currently living or working overseas, but does not intend to live overseas indefinitely, he can still be regarded as settling in New Zealand; or

(2) The applicant was born overseas, but has settled in New Zealand and intends to live in New Zealand for a long time.

Generally speaking, New Zealand citizens, residents or permanent residents, even if they currently live outside New Zealand, are still regarded as settled in New Zealand, and can apply to the Family Court of New Zealand for divorce.

New Zealand temporary visa holders who wish to live in New Zealand for a long time are deemed to have settled in New Zealand and can apply to the New Zealand Family Court for divorce.

Second, husband and wife have been separated for two years.

If the above two conditions are met: separation for two years, and at least one party has settled in New Zealand, you can apply to the New Zealand Family Court for dissolution of the marriage relationship. In New Zealand, the only reason for divorce by law is that the marriage has "irreconcilable broken down". Whether one or both spouses are at fault, such as domestic violence and infidelity. It is not considered in law, and it is generally not considered in the division of property.

However, it should be noted that if you register your marriage in China and go through the divorce procedures in New Zealand, you need to go through the corresponding authentication procedures after obtaining the divorce order from the New Zealand court, and then ask the China court where the marriage registration in China is located to recognize the New Zealand judgment.

How to handle the resignation procedure?

In New Zealand, if the husband and wife agree to separate, there is no need to sign a formal separation agreement or go through legal procedures. But even if there is no dispute between the two parties, it is best to confirm the fact and specific date of separation in writing as evidence of separation for two years.

If there are problems such as property division and child support between husband and wife, it is the best choice to reach a separation agreement. Especially when the separation process involves the division of property, it is required that the separation agreement must meet the following conditions:

Both husband and wife must seek independent legal advice (consult their own lawyers)

It can only be written and signed by both husband and wife.

The signature must be witnessed by a lawyer;

Lawyers who witness the signing of the agreement must explain the contents and legal consequences of the agreement in advance.

As to which property belongs to the same property and needs to be divided, it needs to be judged according to the specific situation.

If one party does not agree to the separation, the other party may apply to the family court for a separation order. If the party who does not agree to the separation is in New Zealand, it has the right to lodge a defense with the court within 2 1 day (30 days for Australians and 50 days for people from other countries).

Both husband and wife need to attend the hearing held by the family court in the case that the party who disagrees with the separation raises a defense. If the family court considers it unreasonable to let two people continue to live together, then it can issue a separation order.

Brief introduction of Fisher Foley Law Firm in New Zealand