Immediate dissolution of marriage now available if you have a protection order (and what it can mean if there’s a trust)

1. The big change: you may no longer have to wait two years

Until recently, almost everyone in New Zealand seeking a dissolution of marriage had to wait 2 years after separation before they could apply to dissolve their marriage or civil union. That was the case even where there had been serious family violence.

The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 has now created a new ground for dissolution: bills.parliament.nz

From 17 October 2025, if you meet the criteria, you can apply for dissolution without waiting two years.

2. Who can apply for immediate dissolution?

The new ground is set out in section 39A of the Family Proceedings Act 1980. In simple terms, you may be able to apply for immediate dissolution if: New Zealand Legislation

1. You are a party to a marriage or civil union; and

2. You are a protected person under a final protection order (or a registered foreign protection order) made under the Family Violence Act 2018; and

3. That protection order is against your spouse or civil union partner; and

4. At least one of you is domiciled in New Zealand when the application is filed.

Some important points:

• The new ground does not apply to temporary protection orders – it must be final.

• The respondent to a protection order (the person the order is made against) cannot rely on this ground to seek dissolution – it is designed to protect the person experiencing family violence, not the person who perpetrated it.

• The court must still be satisfied that arrangements for children (day‑to‑day care, maintenance, welfare) are appropriate before granting dissolution.

You and your spouse/civil union partner can also apply jointly on this ground if each of you is a protected person under a protection order made against the other: New Zealand Legislation

3. Why this matters in real life – an example (names changed)

Example: “Ashley” and James

Ashley and James are married with two young children. Over the years, James’s behaviour became increasingly controlling and violent. After a serious incident, Ashley applied for and was granted a final protection order under the Family Violence Act.

Under the old rules, Ashley would have had to:

• live separately from James for two years, and then

• apply to dissolve the marriage on the usual “irreconcilable breakdown” ground.

That would have meant two more years of being legally married to someone she is actively trying to stay safe from.

Under the new law, once the protection order is final and appeal rights have expired, Ashley can apply to dissolve the marriage straight away, without waiting for the two‑year period. The court will still check that the children’s care and support arrangements are in place, but Ashley does not have to remain legally tied to James for years.

For many people in similar situations, the change removes a major legal and emotional barrier to moving on.

4. What does the process look like (in broad terms)?

Every case is different, but in outline:

1. Get advice and support

• Talk to a family lawyer about your situation.

• Make sure you have, or are applying for, a protection order if it’s safe to do so.

• Connect with family violence support services for safety planning and practical help.

2. Confirm your eligibility

• Is your protection order final (or a qualifying registered foreign order)?

• Is it against your spouse or civil union partner?

• Has any appeal period expired?

3. Prepare and file the application

• Your lawyer can help you prepare the dissolution application based on s 39A.

• You’ll still need to address children’s arrangements and other standard requirements.

4. Next steps after dissolution

• Dissolving the marriage or civil union is not the end of the legal story.

• You may still need to resolve relationship property, parenting arrangements, and (if relevant) any trust or company structures.

5. Part two: What if there is a trust?

When a marriage or civil union ends, the court has a special power under section 182 of the Family Proceedings Act 1980 to vary “nuptial settlements”, which commonly include family trusts set up in connection with the relationship.

Key points about s 182:

• It applies only to marriages and civil unions, not to de facto relationships.

• It can only be used after the marriage or civil union has been dissolved.

• If the court’s jurisdiction is engaged, it can restructure a trust or move assets so that each party (and any children) are properly provided for.

Because the new law allows earlier dissolution for some survivors of family violence, it can also mean earlier access to s 182 where a trust is involved.

Short example:
Mere and Tom are married and have a family trust that owns their home. Mere obtains a final protection order against Tom. Under the old rules, she would typically have to wait two years before applying for dissolution and then using s 182 to ask the court to revisit the trust.

With the new Law, once the protection order is final and other criteria are met, Mere can apply for dissolution without waiting two years. After dissolution, she may be able to bring a s 182 application much sooner, reducing the time Tom remains in control of the trust that owns the house.

For many people, the new law means they can end the marriage or civil union promptly. If you also have a trust, there may be additional strategic considerations – and it’s important to get advice early.

Reminder: This blog is general information only and is not legal advice. Every situation is different. To get advice about your circumstances, please contact Ross Holmes Virtual Lawyers Limited.