Ashley's Law NZ: Immediate Divorce for Family Violence Survivors

For decades, every New Zealand divorce required two years of living apart before you could file. That rule trapped family violence survivors in legal limbo — forced to wait out a mandatory separation period while tied to an abuser. Ashley's Law changed that.

What Ashley's Law Actually Does

The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 came into force on 17 October 2025. It creates an entirely separate pathway to dissolution for people who hold a final protection order against their spouse or civil union partner.

Under this pathway, the standard two-year separation period is completely waived. You do not need to be living apart from your spouse at the time of filing. The law recognises that the separation phase itself is often the most dangerous period in an abusive relationship.

The Critical Requirement: A Final Protection Order

Ashley's Law only applies if your protection order is final — not temporary.

When someone first applies for a protection order under the Family Violence Act 2018, the court typically grants a temporary order without notice (meaning the respondent has not been heard yet). That temporary order typically becomes final after three months if it is not challenged, or after a defended hearing.

A temporary protection order that has not yet become final does not satisfy Ashley's Law. If you are unsure whether your order is final, your local Family Court registry can confirm its status.

Registered foreign protection orders also qualify, provided they are recognised under New Zealand law.

Which Application Pack to Use

The Ministry of Justice created two dedicated packs for this pathway:

• Pack 3 — for a sole application where you hold a final protection order against your spouse. You file alone; your spouse is served with the documents and given the standard response window.
• Pack 4 — for a joint application where both parties hold mutual final protection orders against each other. Both parties sign and file together.

These packs are separate from the standard Pack 1 (sole, two-year separation) and Pack 2 (joint, two-year separation). Using the wrong pack will result in your application being returned by the registry.

What You Need to Include

Your Pack 3 or Pack 4 application must include a copy of the final protection order itself. This is your primary evidence — it replaces the separation-date proof required in a standard dissolution.

Everything else mirrors the standard process: a certified marriage certificate from Births, Deaths and Marriages, a completed G7 Information Sheet (including arrangements for any children under 16), and the NZ$247 filing fee or an approved fee waiver.

If you are filing a sole application under Pack 3, you still need to serve your spouse through a third party. Given the safety dynamics involved, discuss service arrangements with your local Community Law Centre or Women's Refuge before proceeding. You can ask the court for substituted service using Form G21, which can authorise an alternative method such as email, social media, or service through a designated relative.

Safety Resources

If you are in immediate danger, call 111.

• Women's Refuge crisis line: 0800 733 843 (free, 24/7)
• Family Violence Information Line: 0800 456 450
• Community Law Centres: communitylaw.org.nz — free legal help, including assistance with protection orders and dissolution applications

Our New Zealand Divorce Filing Process Guide includes a dedicated section on the Ashley's Law pathway, with step-by-step Pack 3 and Pack 4 instructions and a substituted-service workplan for situations where standard service creates a safety risk.

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