Divorce in New Zealand: A Legal Guide for Brazilians Living Abroad

New Zealand offers an accessible legal system for dealing with separation and divorce matters. This guide aims to clarify the main legal procedures involved, focusing on the needs of Brazilians who reside in the country or have legal ties to it.

It is important to note that separation and divorce are distinct legal processes in New Zealand, as we will explain below.

Also, it is worth highlighting that, in terms of cost and practicality, initiating the divorce process in Brazil is often cheaper and more effective. This is because any divorce granted abroad must be registered or homologated in Brazil in order to have legal effect there.

Understanding Separation in New Zealand

Let’s start by explaining some key aspects of separation. In New Zealand, separation can happen informally or be formalized through legal instruments such as a Separation Agreement or a Separation Order.

Separation Agreement

A "Separation Agreement" is a legal document that outlines the terms agreed upon by the parties, including parenting responsibilities, division of property, who will pay the mortgage, or even who will keep each pet.

To enter into a valid agreement, you must demonstrate that you have been separated for at least two years. This can be proven through separate addresses on utility bills or a rental agreement, for example.

If there are assets to be divided, each party must be represented by a lawyer.

Although a court filing is not mandatory for the agreement to take legal effect, it is advisable to do so for added legal security.

This type of agreement is somewhat similar to a consensual divorce in Brazil. However, in Brazil, court or notarial approval is required for legal validity, and a single lawyer can represent both parties if the divorce is amicable.

Separation Order

When one of the parties does not agree to separate or there is a dispute regarding the date of separation, you may apply to the Family Court for a Separation Order.

This order does not deal with child custody or property division — it simply acknowledges the end of the marital relationship. For further details, you can refer to the following official resources:

• Applying for a Separation Order when you both agree to separate

• Applying for a Separation Order when you don’t agree to separate

In Brazil, there is no legal equivalent to the "Separation Order."

Divorce Process (Dissolution Order)

In New Zealand, divorce is legally referred to as a Dissolution of Marriage, and it can be requested by one or both parties, provided certain legal requirements are met.

Legal Requirements

To apply for divorce, the following conditions must be satisfied:

• The couple must have been living apart for at least two years.

• At least one of the parties must be domiciled in New Zealand at the time of filing.

Joint Application (similar to Consensual Divorce in Brazil)

If both parties agree to divorce, they can submit a joint application. Required documents include:

• Completed joint application form

• Original or certified copy of the marriage or civil union certificate

• Copy of the separation agreement or Separation Order, if available

After court approval, the divorce becomes legally effective one month after the order is issued.

Individual Application (similar to Litigious Divorce in Brazil)

If only one party wishes to divorce, an individual application can be filed. In addition to the documents listed above, the applicant must:

• Provide proof that the other party was served with the divorce papers

• If the other party cannot be located, the court may authorize an alternative method of service known as “substituted service”

Fees

The standard fee for filing a divorce application is NZ$233. In certain situations, a fee waiver may be granted, especially in cases of financial hardship. Both applicants must complete a waiver request form if applicable.

Please note that this amount refers only to the government filing fee and does not include legal representation costs.

Property Division (Relationship Property)

Property division is a separate process from the divorce itself. The parties may reach a mutual agreement or request the Family Court's intervention, as discussed earlier in this article.

Importantly, any application for property division must be submitted within 12 months of the divorce being finalized, or penalties may apply.

Brazil or New Zealand: Which is the Better Option?

For Brazilians living abroad — especially in New Zealand — initiating the divorce process in Brazil is usually faster, more practical, and more effective.

This is primarily because, regardless of the process chosen in New Zealand, you will still need to have the documents translated by a sworn translator, apostilled, and registered in Brazil for them to have legal effect there.

Furthermore, in Brazil, it is possible to handle divorce, child custody, child support, and property division all within a single legal proceeding — unlike New Zealand, where each issue must be addressed separately.

If both parties agree, divorce proceedings in Brazil can sometimes be finalized within one month, depending on the state in which the process is filed.

In any case, the best course of action is to consult with a lawyer who specializes in international family law to ensure that your rights and responsibilities are properly addressed.

If you would like to schedule a consultation with one of our international family law specialists, click here.