YOUR RIGHT TO A NEW BEGINNING: ASHLEY’S LAW
The Current Law
The Family Proceedings Act 1980 (FPA) is the law in New Zealand that deals with divorces. Under the FPA, you can apply to the Family Court to legally end your marriage or civil union, this is called a ‘Dissolution’. Currently, the Family Court will only grant a Dissolution if your marriage or civil union has broken down irreconcilably, which means you have been living apart from your spouse or civil union partner for at least 2 years.
What Ashley’s Law Changes
On 17 October 2024, Parliament passed a new law called the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (“the Act”), also known as ‘Ashley’s Law’. The Act came into force on 18 October 2025.
Under Ashley’s Law some survivors of family violence will no longer need to wait two years before applying to the Family Court for an order dissolving their marriage or civil union.
Section 39A of the Act introduces family violence as a new ground for ending a marriage or civil union. A survivor of family violence can apply to the Family Court for a Dissolution if they are a protected person under a final protection order made against their ex-spouse or civil union partner.
How the New Law Works
Application for Dissolution: New Ground Protected Person Under Protection Order
If you have a final protection order against your former spouse or civil union partner, you no longer need to wait two years to apply for a Dissolution.
When applying for a Dissolution at least one party to the marriage or civil union must be living in New Zealand when the application is filed in the Family Court.
What You Will Need to Provide The Family Court
You will need to provide as part of your Dissolution application:
• A copy of the final protection order;
• An original or certified copy of your marriage or civil union certificate( which is not the document you signed on the day of your marriage or civil union);
• If it’s a foreign protection order, proof that it is registered in New Zealand; and
• The Court will also need to know what arrangements have been made for the care and maintenance of any children of the marriage or civil union under the age of 16.
The Court or Registrar must make an order to end the marriage or civil union if:
• You have applied under s39A of the Act;
• You have provided the final protection order as part of the application;
• Any appeal rights in respect of the protection order must be exhausted or expired. This means your ex-spouse or civil union partner did not appeal the Court’s decision to grant the final protection order within 20 working days of receiving the order; and
• The Court is satisfied that proper arrangements are in place for the care and maintenance of any children of the marriage or civil union under the age of 16.
Serving The Application
Once you apply to the Court for a Dissolution, the Court will process your application and give you a set of documents that must be served on your ex-spouse or civil union partner. You will need someone to serve the documents and fill out an Affidavit of Service to prove to the Court that the application has been served on your ex-partner.
What Happens After Service
Your ex-partner has the following time to respond to respond to your application:
• 21 days if they live in New Zealand
• 30 days if they live in Australia
• 50 days if they live anywhere else
What happens If Your Ex Defends The Dissolution Application
If your ex-spouse or civil union partner asks the Court not to approve the Dissolution application, then there will be a defended hearing in front of a Family Court Judge. At the hearing, both you and your ex-partner will speak to the Court. The Judge will then decide if there are grounds to make an order for the Dissolution.
What happens If Your Ex Does Not Defend The Application
If your ex-spouse or civil union partner does not do anything in the set time outlined above, then you will not need to appear in the Court, the Court will check that the Dissolution requirements under s39A of the Act are met and, if the requirements are met, will grant the Dissolution.
One month after the Court grants the Dissolution it will become final; the Court will send you a copy of the final Dissolution Order.
Summary
If you have any questions or would like to apply for a Dissolution using Ashley’s law, get in touch today. There are some key things you will want to consider before applying for your right to a new beginning.