Separation&Divorce
Auckland family lawyers guiding you through separation and divorce proceedings, applications, and negotiating fair outcomes.
How we can help
Separation and divorce are among the most difficult transitions a person can face. At Indus Legal, our Auckland family lawyers provide calm, considered guidance through every stage of the process - from the initial decision to separate, through to filing for dissolution of marriage under the Family Proceedings Act 1980. We help clients understand their legal position early so they can make informed choices about property, children, and their future.
In New Zealand, you can apply for a dissolution of marriage (divorce) once you have been living apart for two or more years. However, separation itself raises immediate questions about living arrangements, finances, and care of children that benefit from prompt legal advice. Our team assists with negotiating separation agreements, interim arrangements for children and finances, and preparing the documentation required for a dissolution order from the Family Court.
Whether you are navigating an amicable separation or facing more contentious circumstances, our family lawyers in Botany and South Auckland work to achieve fair, practical outcomes while minimising conflict. We encourage resolution through negotiation and mediation wherever possible, and represent clients in the Family Court when necessary.
What we help with
- Advice on separation and your legal rights from day one
- Filing dissolution of marriage applications under the Family Proceedings Act 1980
- Negotiating separation agreements covering finances, property, and children
- Interim care and contact arrangements for children during separation
- Referrals to Family Dispute Resolution (FDR) services where appropriate
- Representation in the Family Court for contested matters
Frequently asked questions
How long do I need to be separated before I can get a divorce in New Zealand?
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Under the Family Proceedings Act 1980, you must have been living apart from your spouse for at least two years before you can apply for a dissolution of marriage. You can still be living under the same roof during this period, provided you are living independently of each other, although you may need to provide supporting evidence of the separation.
Do I need to go to court to get a divorce?
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Not always. If the application is straightforward and uncontested, the Family Court can grant a dissolution order without a hearing. Indus Legal prepares and files the application on your behalf and advises you if any attendance is required.
What happens to our property and children when we separate?
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Separation triggers rights under the Property (Relationships) Act 1976 for division of relationship property, and under the Care of Children Act 2004 for parenting arrangements. These are separate legal processes from divorce itself. Our lawyers help you address all three matters in a coordinated way so nothing is overlooked.
Ready to discuss your needs?
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