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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a Solomon Island women citizen married and now separated

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I am a Solomon Island women citizen married and now separated from my New Zealand Citizen husband since 2003. We were married in 1995 in the Solomon Islands under the Pacific Islands Civil Marriages Order 1907 in a full church ceremony. We have 4 children, 3 are are New Zealand Citizens. Can I file for divorce under New Zealand Law and if so do I need to have a NZ lawyer and do it in NZ. Thank You

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


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