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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22315
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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How long does a person need to be resident in NZ before applying

Customer Question

How long does a person need to be resident in NZ before applying for a divorce when the other party remains overseas. The 2 people concerned were married in New Zealand but have lived overseas for over 20 years, return for holidays only, they do however own property in NZ
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The Family Proceedings Act does not have a time, provided one at least is domiciled in New Zealand. That means the permanent address, not necessarily where you live.Application for dissolution of marriage or civil union(1)An application for an order dissolving a marriage or civil union may be made—(a)by either party to the marriage or civil union; or(b)jointly by both parties to the marriage or civil union.(2)An application under subsection (1) may be made only where, at the time of the filing of the application, at least one party to the marriage or civil union is domiciled in New Zealand.
Expert:  Chris The Lawyer replied 1 year ago.
If your ex partner agrees, an application can be made jointly, and no court appearance is needed in any event. It's all done on the papers. The division of property and children are however dealt with separately from the marriage being dissolved

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