Parties to a relationship can file joint applications if they each have a protection order
The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024, which updates the Family Proceeding Act 1980, has come into force and taken effect as of 17 October 2025, a year after receiving royal assent on 17 October 2024.
With this amendment, those impacted by family violence can avail of a new legal ground to apply for a dissolution of a marriage or civil union as a protected person, without needing to live separately for two years, as the irreconcilable breakdown of relationship grounds require, according to said a news release from the Ministry of Justice.
“I welcome these changes and mihi to those brave survivors who worked tirelessly to bring about this change,” said Ruth Money, chief victims advisor, in the news release.
In its news release, the justice ministry shared that other advocates for survivors of family violence have likewise reacted positively to the amendment.
According to the justice ministry’s news release, a party to a relationship interested in filing an application should:
In its news release, the justice ministry confirmed that parties to a relationship can file joint applications if they have protection orders against each other.
“The previous requirement for victims to stay legally tied to their abusers was both nonsensical and dangerous,” Money said in the news release. “Relationships are one of the most important and significant aspects of our lives, and this Act ensures victims can now quickly dissolve those which are unsafe.”
In its news release, the justice ministry noted that the legal requirements relating to children, property, and welfare and the one-year deadline for commemcing property relationship claims continue to be in place.
Liam Knight, the Ministry of Justice’s acting group manager – commissioning and service improvement, addressed a letter to Tony Herring, the Law Association of New Zealand’s president, about the commencement of amending legislation.
According to the letter, the justice ministry:
The letter noted the justice ministry’s plans to update its external website with information for the new applications and online fillable forms.
