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APPLICATION BY ONE PARTY FOR ORDER
DISSOLVING A MARRIAGE OR CIVIL UNION
Dissolution application pack 1
Please read through this application pack before completing the form section
This application pack is to be used where one party to a marriage or civil union
wishes to make an application to dissolve their marriage or civil union alone.
If you want to make an application together with the other party to your marriage or civil union
then you need Dissolution Application Pack 2: Joint application for Order dissolving a marriage or
civil union.
This pack provides general information only and is not meant to provide legal advice. If you have
a legal issue, you should contact a lawyer for advice. A lawyer can help you understand your legal
rights and responsibilities, and explain how the law applies to your case. Court staff can provide you
with information about court forms and processes, but they cannot give you legal advice. There is
also a glossary of common terms used on the inside back cover of this pack
If you require any further information about the forms or the process once you have read this pack,
please contact the nearest Family Court office. Contact details for the Family Court are available in
the blue Government pages at the front of the phone book, or through the following website link
justice.govt.nz/contact-us/find-us
Information about Dissolution Orders and other Family Court processes can be found at
justice.govt.nz/family/separation-and-divorce
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INFORMATION ABOUT APPLYING
FOR A DISSOLUTION ORDER
Grounds for legally ending a marriage or civil union
Irreconcilable differences is the only ground for legally dissolving a marriage or civil union. This
means that your relationship has broken down and is at an end. Neither of you is blamed for this.
The only way of proving that your relationship has broken down irreconcilably is by living apart for
2 years. Only then can the court dissolve your marriage or civil union. You cannot shorten the 2 year
period, even if you both agree to the dissolution.
You can, however, live together for a total of 3 months within that 2 year period if you can satisfy
the court that the main reason for this was to get back together (‘reconciliation’). You can get back
together more than once, as long as the total time together is not more than 3 months.
Who can make an application
An application can be made by one spouse or civil union partner alone, or by both of you together.
This application pack is to be used when you are making the application alone.
To make an application, at least one of you must be domiciled in New Zealand.
You are ‘domiciled’ in New Zealand if:
• You were born in New Zealand and have not made a home in another country
with the intention of living in that country indefinitely; or
• You were born overseas but you have made a home in New Zealand
with the intention of living here indefinitely.
Working overseas on a long-term contract does not prevent you from applying for a
Dissolution Order as long as you are still domiciled in New Zealand.
The person making the application does not have to be the one who is domiciled in New Zealand.
The fact that you were married or entered into a civil union in New Zealand is not enough on its
own to allow you to apply for a Dissolution Order in New Zealand. At least one party needs to be
domiciled in New Zealand when the application is made.
If you were married or entered into a civil union overseas, you can apply for a Dissolution Order in
New Zealand provided that one of the parties is domiciled in New Zealand when the application is made.
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Appearing in court
It is not usually necessary to appear in court to get a Dissolution Order. You can choose to appear in
court if you want to. You may also be required to appear in court if your spouse or civil union partner
opposes the application.
What forms are required
to make an application by one party for an Order dissolving a marriage or civil union you will need to
complete the following forms:
FP11: Application by one party for Order dissolving marriage or civil union
FP12*: Affidavit to accompany application by one party for Order dissolving marriage or civil union
G7: information sheet
* If you have decided to appear in court then you do not need to complete the FP12: Affidavit to
accompany application by one party for Order dissolving marriage or civil union form
The application forms are available in this pack after page 9, or from justice.govt.nz/forms
You will find some guidance on completing the forms on pages 6 to 8 of this pack.
Marriage or civil union certificate
You should provide the court with an original or certified copy of your marriage or civil union
certificate (not the document you signed on the day of your marriage or civil union).
The certificate should be attached to the FP12: Affidavit to accompany application by one party for
Order dissolving marriage or civil union as an exhibit. If you have decided to appear in court and are
not completing the affidavit, you can provide the certificate to the court with the other forms instead.
If you no longer have a copy of your marriage or civil union certificate, you will need to get one. If you
were married or entered into a civil union in New Zealand you can order a copy of your certificate online
or by post. Find out more from Births, Deaths and Marriages at the Department of Internal Affairs:
• www.govt.nz/browse/family-and-whanau/getting-married/get-a-marriage-certificate
• 0800 22 52 52 (if calling from within New Zealand) or +64 4 474 8150 (if calling from outside
New Zealand).
If your marriage or civil union certificate is not in English, you will need to file a certified English
translation along with it.
Separation Order or agreement
If you have a Separation Order from the court, or you have made a written separation agreement
with your spouse or civil union partner, you should also provide a copy of it with your application.
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This should be attached to the FP12: Affidavit to accompany application by one party for Order dissolving
marriage or civil union as an exhibit. If you have decided to appear in court and are not completing the
affidavit, you can provide the Order or agreement to the court with the other forms instead.
It is not necessary to have a Separation Order or written separation agreement to make an
application to dissolve your marriage or civil union.
Arrangements for children
If you have children who are under 16 years old (or, in special circumstances, 16 years or older)
you will need to satisfy the court that you have made arrangements for their day-to-day care,
maintenance, and other aspects of their welfare, or, that there is a good reason why no arrangements
have been made.
For more information about parenting arrangements, go to justice.govt.nz/family/separation-and-divorce
The granting of a Dissolution Order does not make these arrangements into a Court Order or
determine what the parenting arrangements will be in the future. If you want an Order about the care
arrangements for your children, you will need to make a separate application to the court.
Relationship property
The court does not consider issues of relationship property when granting a Dissolution Order.
If you have not sorted out relationship property issues and need the court’s help to do this,
you must make an application within 12 months after your dissolution.
Filing the application
You must make sure that all of the paperwork is completed correctly before you file your application.
You can file your application by hand or by post at any Family Court office. You need to file the
originals plus a photocopy of each form and an extra copy of the G7: Information sheet to accompany
certain applications form.
Contact details for the Family Court are available in the blue Government pages at the front of the
phone book, or from justice.govt.nz/contact-us/find-us
FILING FEE
When you make your application you will also need to pay a filing fee – refer to justice.govt.nz/family
or your nearest Family Court. Credit card and eftpos facilities are available at the court. Cheques
should be made out to the Ministry of Justice. This fee is non-refundable.
You can make an application to waive the fee if you consider that you are unable to pay it. The criteria
for being unable to pay includes if you are dependent on a benefit or New Zealand superannuation, or
you would suffer undue financial hardship if you were required to pay the fee. Applications forms are
available from your local Family Court office or from justice.govt.nz/courts/going-to-court/court-fees
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Service of the application
When you file your application, the court will process it and provide you with a set of documents that
need to be served on your spouse or civil union partner. It is your responsibility to arrange this service
as the court does not serve these types of applications. The court will give you instructions about
what you need to do.
Unless the court directs otherwise, dissolution applications have to be served by personal service.
This means that the documents have to be personally handed to the other party by someone other
than yourself. If the other party refuses to take the documents, they can be put down in front of
them instead.
Once the documents have been served on the other party, the person who served them needs to
complete a document called an Affidavit of Service. The affidavit of service includes details about
when and where the documents were served, and how it is known that the correct person was
served. The affidavit of service form will be provided to you by the court. Once the affidavit of service
is completed it needs to be returned to the court.
IF THE OTHER PARTY LIVES OVERSEAS
If your spouse or civil union partner lives overseas, you will need to make an application for leave
(permission) to serve them outside of New Zealand. You are required to file an affidavit in support
of this application.
The necessary forms, G21: General interlocutory without notice and General affidavit, are available
from your local Family Court office or you can download it from justice.govt.nz/forms
IF YOU DO NOT KNOW WHERE THE OTHER PARTY IS
If you do not know where your spouse or civil union partner is, you may need to make an application
for substituted service to change the way the application is to be served. You are required to file an
affidavit in support of this application.
An application for substituted service should set out how you think that the application could best
be brought to your spouse or civil union partner’s notice. Some examples of substituted service are
service on friends or family who are likely to be in contact with the person, or advertising in a major
newspaper where you suspect the person is living.
The necessary form, G21: Without notice interlocutory application for substituted service and affidavit,
is available from your local Family Court office or you can download it from justice.govt.nz/forms
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After service
Once the documents have been served, your spouse or civil union partner will have a set time to
decide if they want to defend the application. This is normally 21 days after service of the documents
on them if they are in New Zealand. If they are not in New Zealand, the time will be 30 days if they
are in Australia or 50 days if they are in another part of the world.
IF THE APPLICATION IS DEFENDED
If your spouse or civil union partner defends the application, a defended hearing will be allocated
before a Family Court Judge who will hear from both of you and decide whether or not the grounds
for a Dissolution Order have been met.
If the judge makes the Dissolution Order at the defended hearing it will take effect 1 month after the
day it is made.
IF THE APPLICATION IS NOT DEFENDED
A registrar will consider your application, once the time for a defence to be filed has passed. Unless
you have chosen to appear in court, the registrar will check that all the requirements are met, and if
they are, will make the Dissolution Order. The Order will take effect 1 month after the day it is made.
If you have chosen to appear in court, a hearing date before a Family Court Judge will be allocated
and you will need to attend at the court on this date. If the judge makes the Dissolution Order, it will
take effect the same day.
Once the Order takes effect, a copy will be posted out to you and to the other party.
Re-marrying or entering into a civil union again
You are free to marry or enter into a civil union as soon as the Dissolution Order has taken effect.
You can apply for a marriage licence or civil union licence on the day the Order takes effect, but the
licence will not be available for 3 days.
More information
For more information about Dissolution Orders or other Family Court processes, go to
justice.govt.nz/family or contact the nearest Family Court office.
If you want to find out how the law applies in your situation, you should get legal advice
from a family lawyer or from your local community law centre. Family Court staff cannot
give you legal advice.
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COMPLETING THE FORMS
FORM FP11: Application by one party for Order
dissolving marriage or civil union
Read the form and then complete it by writing or typing your details in. You will need to provide the
original plus 1 copy of this form to the court. Complete the front page and then enter your name into
the space on the top of page 2.
Question 1 If you consent to the Order being made in your absence (ie you do not want to appear
in court), you should select option 1 (a). If you select this option you do not need to
complete questions 2 to 7 of this form. Make sure you sign and date the form on page 4.
If you do not consent to the Order being made in your absence (i.e. you wish to appear
at a hearing before a judge when your Order is made), you should select option 1 (b).
If you need the Dissolution Order to come into effect sooner than 1 month after it is
made you should select option 1 (b) and discuss this with Court Registry Officer when
you file your application. You will have to attend a hearing on the date set by the court.
Question 2 If you are domiciled in New Zealand, but the other party isn’t, tick the first box. If you
are not domiciled in New Zealand, but the other party is, tick the second box. If both
you and the other party are domiciled in New Zealand, tick the third box.
For a definition of domicile refer to the section on Who can make an application at
the start of this pack.
Question 3 This must always apply for you to make an application.
Question 4 This must always apply for you to make an application.
Question 5 Enter the date when you separated. This must be at least 2 years before you file the
application. If you do not know the exact date, enter as much information as you
recall, for example, March 2002.
Question 6 If you have a Separation Order, a written separation agreement or you made an oral
separation agreement tick the appropriate box and enter the date of the Order or
agreement. If you have a Separation Order or a written separation agreement you
should provide a copy of this.
If you do not have a Separation Order and no agreement to separate was made,
tick the last box.
Question 7 For the purposes of this question, children means those under the age of 16 years
unless there are special circumstances for older children which mean that care
arrangements need to be made.
If there are no children of the marriage or civil union, tick the first box.
If there are children of the marriage or civil union and there are arrangements for
their care in place, tick the second box and enter the details of the arrangements into
the spaces on the form.
If there are children of the marriage or civil union, and it has not been practicable to make
arrangements, tick the third box and enter the reasons why into the space on the form.
Sign and date Once you have completed the application, you need to sign and date in the spaces
provided on page 4 of the form.
Please note – you will need to provide the original plus a photocopy of this form to the court.
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FORM FP12: Affidavit to accompany application by one party
for Order dissolving marriage or civil union
This document needs to be completed if you have selected option 1 (a) on the application form
(i.e. you choose not to appear in court).
Read the form and then complete it by writing or typing your details in. You will need to provide the
original plus 1 copy of this form and its attachments to the court.
Complete the front page and then enter your details into the spaces at the top of page 2.
Question 1 This always applies.
Question 2 If you are domiciled in New Zealand, but the other party isn’t, tick the first box. If you
are not domiciled in New Zealand, but the other party is, tick the second box. If both
you and the other party are domiciled in New Zealand, tick the third box.
For a definition of domicile refer to the section on WHO CAN MAKE AN
APPLICATION on page 1.
Question 3 Enter the details of your marriage or civil union. This should match the details on
your marriage or civil union certificate.
Question 4 Attach the original or a certified copy of your marriage or civil union certificate to
the back of this form (NOT the document you signed on the day of your marriage or
civil union). Write the letter A at the top (this is known as exhibit ‘A’).
Question 5 This must always apply for you to make an application.
Question 6 This must always apply for you to make an application.
Question 7 Enter the date you separated. This must be at least 2 years before you file the
application. If you do not know the exact date, enter as much information as you
recall, for example, March 2002.
Question 8 If you have a Separation Order, a written separation agreement or you made an oral
separation agreement tick the appropriate box and enter the date of the Order or
agreement.
If you have a Separation Order or a written separation agreement, attach a copy of it
to the back of this form and write the letter B at the top (this is known as exhibit ‘B’).
If you do not have a Separation Order and no agreement to separate was made, tick
the last box.
Question 9 This must always apply for you to make an application.
For a description of irreconcilable differences refer to the section Grounds for legally
ending a marriage or civil union at the start of this pack.
For the purposes of questions 10 and 11, children means those under the age of
16 years unless there are special circumstances for older children which mean that
care arrangements need to be made.
Question 10 Tick this box if you have children and the paragraph applies to you.
Question 11 Tick this box if you have children, and specify the arrangements for the children in
the spaces provided.
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GETTING THE AFFIDAVIT
You need to take the affidavit (with the attached exhibits) to an authorised sworn or affirmed person
to be sworn or affirmed.
In New Zealand, this can be a deputy registrar at a court, a Justice of the Peace or a lawyer (not your
own).
If you are making your application when you are overseas you can have your affidavit witnessed:
• at a New Zealand Embassy or High Commission. A list of these can be found at
mfat.govt.nz/embassies
• by a person who is authorised to administer oaths by the law of the country you are in,
such as a Notary Public.
The person acting as witness must state their authority to do so under their name and signature on
the affidavit form.
When you are with the authorised person, you need to sign the affidavit in the space labelled
‘Signature of deponent’ on page 4. You then need to initial the bottom right corner of each of the
other pages of the document and in the margin next to any hand-written alterations.
The authorised person will then administer the oath or affirmation.
The authorised person must also sign and initial the documents and then complete an exhibit note
on the marriage or civil union certificate and separation agreement or Order (if you have one).
The following is an example of an exhibit note:
This is the annexure marked “ ” referred to in the affidavit of (your full name)
sworn/affirmed at (place) this day of
before me:
____________________________________
Deputy Registrar/Justice of the Peace/Solicitor
You cannot make any changes to the affidavit once it has been sworn or affirmed.
Please note – you will need to provide the original plus a photocopy of this form to the court.
Form G7: Information sheet
Read the form and then complete it by writing or typing your details in.
The original version of this form needs to be on yellow paper.
You will need to provide the original plus 2 copies of this form to the court.
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CHECKLIST
Please complete this checklist to make sure that you have done everything you need to do before
you file your application with the court.
You have been separated for at least 2 years
At least one of you and your spouse or civil union partner is domiciled in New Zealand
FORM FP11: Application by one party for Order dissolving marriage or civil union
You have selected option 1 (a) if you do not want to appear at court,
or option 1 (b) if you do want to appear at court
If you have selected option 1 (b) you have completed questions 2 to 7 of this form
You have signed and dated this form
You have made a photocopy of the form
FORM FP12: Affidavit to accompany application by one party for Order dissolving
marriage or civil union
If you have selected option 1 (a) on the FP11 form, you have fully completed this form
This form has been sworn or affirmed before an authorised person
The authorised person has completed an exhibit note on the marriage or civil union certificate
(not the document you signed on the day of your marriage or civil union), and any Separation
Order or written separation agreement (if you have one)
You have made a photocopy of the form and the attachments (the marriage or civil union
certificate and any Separation Order or written separation agreement (if you have one))
FORM G7: Information sheet to accompany certain applications
You have fully completed the form
One copy of the form is on yellow paper
You have made 2 photocopies of the form
Other
You have an original or a certified copy of your marriage or civil union certificate (not the
document you signed on the day of your marriage or civil union). The certificate should be
attached to the FP12 form if you are completing that form
If your marriage or civil union certificate is not in English, you have obtained a certified translation
You have a copy of any Separation Order or written separation agreement
(attached to the FP12 form if you are completing that form)
You have organised the filing fee
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Application by One Party for Order Dissolving Marriage or Civil Union
(Family Proceedings Act 1980) made by
dated
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If an order dissolving the marriage or civil union is made, I propose to
make the following arrangements for the Day-to-day care and contact,
maintenance, and welfare of the children of the marriage or civil union:
Day-to-day care and contact:
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If an order dissolving the marriage or civil union is made, I propose to
make the following arrangements for the Day-to-day care and contact,
maintenance, and welfare of the children of the marriage or civil union:
Day-to-day care and contact:
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Affidavit of
in support of Application by One Party for Order Dissolving Marriage or Civil Union
(Family Proceedings Act 1980)
dated
1
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Satisfactory arrangements, or arrangements that are the best that can be
devised in the circumstances, have been made for the Day-to-day care
and contact, maintenance, and other aspects of the welfare of every child
of the marriage or civil union. The arrangements relate to every child
who is under 16 years. They also relate to every child who is 16 years or
over and, because of special circumstances, requires arrangements to be
made.
Day-to-day care and contact:
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Deputy Registrar
(or Justice of the Peace
or Solicitor of the High Court)
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GLOSSARY OF TERMS
Address for service – an address
in New Zealand where documents
relating to a court proceeding
can be delivered and served on
someone who is involved in the
proceeding.
Affidavit – a written statement
sworn or affirmed before someone
who has the legal authority to
administer oaths and affirmations,
such as a registrar of a court, a
lawyer or a Justice of the Peace
(JP).
Affirmation – a promise that
something is right or true made
by someone without any religious
beliefs. An affirmation has the
same status as an oath.
Applicant – a person who makes
an application to the court.
Application – a formal request to
a court for an Order, direction or
decision.
Court Registry Officer – a person in
the Family Court who is responsible
for managing individual cases.
Certified copy – a copy of a
document signed and certified
as true by someone who has the
legal authority to do so, such as a
registrar of a court, a lawyer or a
Justice of the Peace (JP).
Contact – this is when a child
spends time with a parent or other
person who does not have day-to-
day care of the child. Contact used
to be called ‘access’.
Day-to-day care – this means
having a child living with you on a
daily basis, and being responsible
for everyday things, like making
sure they are safe, that they get to
school, and that they’re warm and
properly fed. Day-to-day care used
to be called “custody”.
Defend – to respond to, or oppose
an application.
Defended hearing – a court
hearing of an application that is
opposed by another party. The
parties to the proceedings present
their evidence and argue their case.
The judge then makes a decision.
Deponent – a person who makes
an affidavit.
Dissolution Order – the formal
Court Order that ends a marriage
or civil union. This is often referred
to as divorce.
Evidence – information provided
by a party to establish facts to
support their case. This is usually
provided in the form of an affidavit.
Exhibit – an item, such as a
marriage or civil union certificate,
that is used as evidence in
proceedings. Often exhibits will be
attached to affidavits.
Family Court – a division of the
District Court. It was established
under the Family Courts Act 1980
as a place where people living in
New Zealand could get help with
family problems.
Family Court office – a public area
at the Family Court where people
can obtain information about the
court process and where parties file
documents in relation to their case.
Also known as the Family Court
registry.
Filing – the lodging of an
application or other document at a
court. This can be done in person
or by mail.
Hearing – the consideration of an
application by a court, usually by
a judge.
Justice of the Peace (JP) –
A person appointed by the
Governor-General, who can witness
signatures on documents, take
oaths and affirmations and issue
warrants.
Maintenance – the provision of
money, property and services.
Oath – a sworn statement made
in front of a person who is an
authorised witness, such as a
judge, registrar, lawyer or Justice
of the Peace, that something is
true or right. An oath is based on
the religious beliefs of the person
making it.
Party – a person who is an
applicant or respondent in any
proceedings.
Proceedings – an application, or
applications being considered by
a court. The filing of an application
commences a proceeding.
Registrar – an officer of the court
who is responsible for keeping
records relating to proceedings in
the court, and who also exercises
some judicial powers.
Relationship Property – this
includes the family home, car,
household furniture and appliances
(even if one person owned this
property before the relationship),
and all property acquired by either
spouse or civil union partner during
the relationship.
Respondent – the person against
whom an application is made.
Rule – a law about procedure,
such as how a document must be
served. Most rules about Family
Court proceedings are found in the
Family Courts Rules 2002.
Separation Agreement – this is an
agreement that covers issues such
as day-to-day care of and contact
with children, division of any
property, and records the date of
separation. If the agreement covers
division of property, a lawyer
must certify that each spouse or
civil union partner has received
independent legal advice.
Separation Order – a formal Court
Order which means that you have
no obligation to live with your
spouse or civil union partner.
Service (of documents) – the
formal delivery of a document,
such as an application, to a person
who will be affected by it. There
are rules about how particular
documents must be served.
Spouse – a person’s wife or
husband.
Substituted Service – a Court
Order that changes the way that a
document is required to be served.
