christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You just need to sign an application, with an affidavit in support and give this to your husband. You need a copy of the marriage certificate too. When this has been served, and no defence is filed, the court registrar makes an order and you do not need to go to court
Where do I get the the application from? My husband is currently in Solomon Islands, does this matter? How do I register the application in the NZ court system and pay any applicable fee if I am not in New Zealand - can this be done electronically?
christhelawyer : You can get the forms from any family court office or online at www.justice.govt/family-court
christhelawyer : But you cannot file electronically unfortunately. You can make a joint application if your husband will agree and this makes this much easier and quicker
If I cant file electronically does this mean it must be posted or does it need to be hand delivered and 'stamped' or something similar.
christhelawyer : The application must be filed in the court and they stamp it and give it a number. They give you a copy which is then given to your husband. A record of the service on him must be kept and is recorded in an affidavit of service, sworn by the person who served this on him. This is then filed with the court.
Thank you that is clearer. If he makes an application in another country under the laws of that country, can I still file in New Zealand
christhelawyer : yes, and the NZ law may be the first to complete. It's fairly fast.
May I have someone or a lawyer file it on my behalf in New Zealand, as I am not residing in NZ
christhelawyer : yes you can do that, but one of you must normally reside in NZ
He is a New Zealand Citizen but works on contract over many years around the world, returning to NZ occasionally for family. His intent is still to return to NZ to live after contracts cease. I have not lived in NZ for a number of years and have no citizenship or residential status. Our children are in school in NZ
christhelawyer : He would be domiciled here then so this could work. I suggest it may be easier to use a lawyer as some aspects are a bit unusual