New Zealand’s NEW Protected Person Dissolution Law
New Zealand's Protected Person Dissolution Law: Celebrating Progress While Addressing Implementation Gaps
A Significant Victory for Protected Persons
On 25 October 2025, the Family Violence (Amendments) Act 2024 came into effect, fundamentally changing how protected persons can end their marriages. This legislation represents genuine progress and deserves celebration.
The key victory: Protected persons no longer have to wait two years of separation before they can legally dissolve their marriage.
This is New Zealand's equivalent of reforms like Ashley's Law in other jurisdictions—laws named after victims who died at the hands of partners they were trying to legally separate from. The legislation recognises a fundamental truth: requiring someone with a protection order to remain legally bound to their abuser for two years creates an impossible situation that extends their trauma and limits their ability to move forward safely.
Getting new legislation passed is no easy task. It requires advocates who gather evidence, draft proposals, and build political will. It requires MPs who champion the cause. It requires policy analysts who translate lived experience into legal frameworks. It requires consultation, compromise, and countless hours of unglamorous work that never makes headlines.
People did that work. They got this legislation across the line. That achievement deserves recognition and celebration.
What This New Legislation Does
The core problem it solved - Prior to the Amendment Act changes, the only grounds for dissolving a marriage or civil union were that the relationship had broken down irreconcilably, with the means for establishing this being that the parties had been living apart for two years.
Statements from the legislation's first reading in Parliament described victims of family violence as feeling bound to their abuser and unable to move on with their life, in what for them was two years of being in limbo. In other areas globally, where Ashleys Law has been implemented, victims felt like a profound restoration of dignity, safety and closure had been found, essentially allowing a victim to sever the legal and emotional bonds to there abuser.
What the Amendment Act Changes
The Amendment Act provides that a marriage or civil union may be dissolved on the ground that the applicant is a protected person under a protection order made against their spouse or civil union partner.
Key changes:
The two-year separation requirement for dissolution is removed for protected persons
The parties do not need to be living apart at the time an application for dissolution is made
Protected persons have a dedicated pathway (Pack 3) designed specifically for their safety needs
What Protection Orders Qualify?
Protection orders that qualify include:
Final protection orders made under the Family Violence Act 2018
Protection orders made under the Sentencing Act 2002
Registered foreign protection orders
Requirements for Dissolution to Be Granted
For an application for dissolution to be granted, a Registrar or Family Court must be satisfied that:
The ground of family violence is established (i.e., a qualifying protection order exists)
Any appeal rights in respect of the protection order have been exhausted or have expired
This ensures the protection order is final and legally sound before dissolution proceeds.
Who Can Use This New Law?
You can apply under this pathway if:
You are a protected person under a protection order made under the Family Violence Act 2018
The respondent on your protection order is your spouse (the person you're married to)
You have been separated for at least 6 months (living apart, not in a marriage-like relationship)
You want to dissolve (end) your marriage
You do NOT need:
Your spouse's permission or consent
To prove fault or wrongdoing beyond the separation
To wait two years
How to Apply as a Protected Person
Here is the Ministry for Justice link to this new application:
https://www.justice.govt.nz/family/separation-divorce/apply-for-a-divorce/applying-for-a-divorce-when-you-have-a-final-protection-order/
The Ministry of Justice has created Pack 3: Dissolution of Marriage for Protected Persons. This is different from the standard dissolution packs.
Step-by-Step Process
1. Obtain the correct pack
Request Pack 3 specifically if you are going into your local court to pick up an application—it's designed for protected persons
Do NOT use the standard 2-year separation pack (Pack 1 or 2)
The pack includes modified forms and instructions
Alternatively, here is the link to the forms if you wish to download, print and complete them yourself:
https://www.justice.govt.nz/assets/Documents/Forms/Divorce-s39A-forms-/Dissolution-of-marriage-protected-person-oneparty.pdf
2. Complete your application
You'll need your protection order details
Proof of your 6-month separation
Your marriage certificate (This is the original marriage certificate ordered from New Zealand Births, Deaths and Marriages – please note this is not your marriage license). If you do not have one you can order it from Births Deaths and Marriages, there is a $33.00 fee:
https://certificates.services.govt.nz/certificate-order/certificate-events
3. File with the Family Court
You can file at any Family Court
There is a filing fee (fee waiver available if on a benefit, low income or you meet the grounds of proven hardship)
4. What happens next: Court processing
If undefended, the dissolution can proceed without a hearing
You typically don't need to appear in court
The dissolution is granted and your marriage is legally ended
My Experience: When Service Requirements Return Control to Abusers
When I applied for dissolution under this new pathway, I was given Pack 1 and filed my application as a protected person. What happened next revealed a critical gap between what the legislation promises and how it's currently being implemented.
I was advised by the Ministry of Justice to contact my ex-partner's Family Court lawyer to arrange service of the dissolution documents. When I reached out to his lawyer, I was told that my ex-partner would not allow her to accept service on his behalf.
I was then told I needed to find out if his support person would accept service.
This was distressing for multiple reasons:
It gave him complete control over the process. He could simply refuse to allow anyone to accept service, effectively blocking my ability to move forward with dissolving the marriage. The very thing this legislation was designed to prevent—being held in limbo by your abuser—was happening anyway.
It contradicted my protection order. I have a protection order that says he must stay away from me. Yet the dissolution process was requiring me to make contact with his lawyer, navigate his refusals, and potentially track down his support network to facilitate service. How does that align with court-ordered no contact?
It put me right back into the dynamic of abuse. The feeling of him controlling whether I could move forward, of having to work around his decisions, of being stuck waiting for his permission—it was exactly the power and control the protection order was meant to interrupt.
This isn't what the legislation intended. But it's what's happening in practice, at least in my case. And if it's happening to me, it's likely happening to others.
I'm sharing this not to undermine the legislation—which is genuinely good—but to highlight where implementation needs to catch up with intent. Protected persons should never be put in this position.
If You Need to Arrange Service: Harm Reduction Strategies
Based on my experience and what I've learned navigating this process, if you find yourself in a position where you're being told you need to arrange service yourself, here are practical strategies to minimize contact and risk.
This shouldn't be necessary—but until implementation catches up with legislative intent, protected persons need tools to stay safe:
Options That Remove You from the Process
Professional third-party servers:
Private process servers - Paid service (typically $50-150), but completely removes you from the process. They handle everything and file the affidavit of service directly.
Court bailiffs - In some circumstances, the court can arrange this
Lawyer's office staff - If you have legal representation, they can arrange service
Trusted individuals who can help:
Victim Support advocates or social workers
Community Law Centre staff
Trusted friend or family member (someone your ex-partner doesn't know and who doesn't share your address)
Important: Whoever serves the documents must be over 18 and cannot be you. They will need to complete an Affidavit of Service afterward, which they can do at any Family Court with staff assistance.
Substituted Service: Safer Alternatives
If you genuinely don't know where your ex-partner is living, OR if arranging physical service would put you at risk, you can apply for substituted service. This means serving documents in a different way that doesn't require you to locate them or have someone approach them directly.
Safer substituted service options:
Service via their lawyer's office (if they have one) - Documents go to their lawyer, not to them directly
Service by post to last known address - Doesn't require you to confirm their current location
Service via email or social media - If you can prove they actively use it (avoids physical proximity entirely)
Service by publication in newspaper - Rare, but available for extreme cases where all other methods fail
Critical safety measure: Do NOT let the substituted service application process force you into unsafe situations. You should not have to:
Check phone books or electoral rolls yourself
Contact their family or friends to locate them
Verify their social media accounts personally
Prove extensive search efforts that put you at risk
If you're being told you must do these things, seek help from the services listed below.
Protecting Your Location and Safety
When filing any court documents:
Use a PO Box or your lawyer's address as your contact address on all forms—never your home address
Request that the court suppress your address details in court files under Family Proceedings Act s 47 (judges can order this for safety)
Ask for any defended hearing to be conducted via AVL (audio-visual link) so you're not physically present in the same building
After service is completed:
The person who served documents can file the Affidavit of Service directly at the courthouse—you never need to touch it
You don't need to be present when it's filed
If You Don't Have Someone to Help: Services That Can Assist
If you don't have a friend, family member, or professional already supporting you through this process, you can reach out to these service providers in New Zealand:
Victim Support Services
Victim Support - 0800 842 846 - Has advocates who may be able to assist or connect you with someone who can
Women's Refuge (crisis line) - 0800 733 843 - Advocates familiar with family violence situations
Shine - 0508 744 633 - Domestic abuse helpline with trained advocates
Local family violence services in your area - Often have staff who understand these processes
Legal/Advocacy Services
Community Law Centres - Free legal advice and may have staff who can help with service or connect you to process servers
Find your nearest centre: communitylaw.org.nz or call 0800 COMMUNITY (0800 266 686)
Legal Aid - If you qualify, your lawyer's office can arrange service
Citizens Advice Bureau - Can provide information and referrals to appropriate services
Court-Based Options
Family Court Coordinator at your local Family Court - Can explain your options and may know of local services
Duty lawyer service at Family Court - Free initial legal advice on court days
Community Law Centres Across New Zealand
Major Centres
Auckland Community Law Centre - Multiple locations across Auckland region
Wellington Community Law Centre - (04) 499 2928
Canterbury Community Law - (03) 366 6870
Otago Community Law Centre - (03) 477 7787
Regional Centres
Waikato Community Law - Hamilton and surrounding areas
Bay of Plenty Community Law - Tauranga and Rotorua
Hawke's Bay Community Law - Napier and Hastings
Manawatū Community Law Centre - Palmerston North
Nelson Community Law Centre - (03) 548 4096
Southland Community Law Centre - Invercargill
Many smaller districts across New Zealand have locations, days and times that community law staff come into your district to assist individuals, so check the region that is closest to your district for this information.
The critical point: No protected person should have to choose between their safety and ending their marriage. If you cannot safely organize service yourself and don't have someone in your personal network who can help, you deserve support to navigate this process. These services exist precisely because the system recognizes family violence creates barriers—but the burden shouldn't be on victims to figure this out alone.
What Should Actually Happen: Constructive Advocacy for Reform
The legislation removing the two-year waiting period is excellent. But if protected persons are still navigating service requirements that contradict their protection orders, we need constructive improvements.
For any person with an active protection order seeking dissolution, the court system should:
Automatically facilitate service at no cost to the protected person
Protected persons should never have to find or fund a process server. The court should have a streamlined system to handle this as part of the Pack 3 process.Never require protected persons to locate their abuser
Checking phone books, electoral rolls, social media, or contacting the respondent's network should not be required. The court has resources to locate people for official service—protected persons should not carry this burden.Default to the safest substituted service methods
For protected persons, service via lawyer, publication, or other methods that create maximum distance should be standard practice, not something victims have to apply for and justify.Automatically suppress protected person address details
This should be built into Pack 3 processing. No protected person's home address should appear in court files accessible to their abuser.Mandate AVL (audio-visual link) for any defended hearings
If a respondent defends the dissolution application, the protected person should never be required to be physically present in the same building. Remote appearance should be automatic.Provide clear, consistent information
Every Family Court staff member and online resource should give protected persons the same accurate information about what they do and don't have to do regarding service. Confusion creates risk.
The bottom line: Service of dissolution documents should happen without any involvement, effort, cost, or risk to the protected person. That's what genuine safety-focused process design looks like.
Implementation: Supporting Staff and Protected Persons Through the Transition
This legislation has only been in effect since October 2025—implementation is still in its early stages. Staff training takes time, and systems need to adapt. That's completely understandable.
But protected persons can't wait for perfect implementation. They need clarity now about what they're required to do and what protections they can expect.
Some constructive thoughts for improving implementation:
Clear screening at intake:
A straightforward question during initial filing—"Do you have a protection order against your spouse?"—could help route people to the right pathway and trigger automatic safety protocols from the start.
Specialized processing support:
Until all Family Court staff are fully trained on Pack 3 processes, having a dedicated team or designated staff member at each court who handles protected person dissolution applications could ensure consistency and build expertise quickly.
Standardized safety protocols:
Pack 3 applications should automatically trigger certain safety measures: address suppression, service facilitation, AVL availability for any hearings. These shouldn't be things protected persons have to know to request.
Staff support and resources:
Clear internal guidance for court staff would help them feel confident directing applicants correctly and understanding what makes this pathway different from standard dissolution.
Public-facing clarity:
The Ministry of Justice website and Pack 3 materials should explicitly state what protected persons do and don't have to do regarding service. If it's handled by the court, say that clearly. If there's a process victims need to follow, outline it with safety considerations front and center.
I plan to provide constructive feedback to the Ministry of Justice about my experience navigating this process, in the hopes it will help refine implementation and support both staff and protected persons going forward.
The hard work that went into passing this legislation deserves to be matched by thoughtful, effective, safe implementation.
A Call for Your Experiences
Have you used this new dissolution law yet? Have you navigated the service requirements as a protected person?
I'm asking anyone who has gone through this process to share their experience—but with some important ground rules:
✅ Constructive feedback welcome: What worked? What was confusing? What would have helped?
✅ Celebrate wins: Did staff guide you well? Was service handled safely? Let's acknowledge what's working.
✅ Identify barriers: Were you given conflicting information? Did you have to arrange service yourself? Was the process unclear?
❌ No abuse: This is a safe online space. Abusive, victim-blaming, or harmful comments will be removed without warning.
Why I'm asking: The only way we improve implementation is by documenting the reality of how this law is working (or not working) on the ground. Your experience matters. Your feedback can help the next person.
Final Thoughts
Removing the two-year waiting period is a genuine victory. It represents recognition that protected persons deserve the legal freedom to move forward without being bound to their abuser for years while separation clocks tick.
To everyone who worked behind the scenes to make this law a reality: thank you. Your work will change lives.
To protected persons navigating this process: you deserve this freedom, this safety, this fresh start. Ask for Pack 3. Seek support from the services listed above if you need help with service requirements. Don't let confusion or gaps rob you of the legal freedom this legislation promises.
And if you encounter problems, document them and share them. Implementation gaps close when survivors speak up about what isn't working.
Let's keep the focus purposeful—honouring the progress while working constructively to ensure it reaches everyone who needs it, as safely as possible.
Emma Richardson
The Broken System Diaries
If you're in immediate danger, call 111.
For family violence support, contact:
Family Violence Information Line: 0800 456 450
Women's Refuge: 0800 733 843
Shakti (for ethnic communities): 0800 742 584
Are You OK? Resources at areyouok.org.nz
For legal advice, contact your nearest Community Law Centre or call 0800 COMMUNITY (0800 266 686).