Family Court Property Orders in New Zealand

When a Private Agreement Is Not Possible

The Property (Relationships) Act 1976 strongly encourages separating couples to resolve property division privately through a Section 21A agreement. But when one partner refuses to negotiate, hides assets, or the power imbalance makes a fair agreement impossible, either party can apply to the Family Court for a property order. The court then decides the division.

Filing fees are significant — approximately $816 for a property order application — and legal costs escalate quickly once court proceedings begin. Family lawyers typically charge $250 to $600 per hour, and a contested property hearing can run up bills of $15,000 to $50,000 or more. The court route is the backstop, not the first option.

Types of Property Orders

The Family Court has broad powers under the PRA to make orders about relationship property:

Division orders determine how assets and debts are split. The court applies the equal-sharing default and considers whether any exceptions apply — short-duration relationships, extraordinary circumstances, or economic disparity under Section 15.

Occupation orders (Section 27) grant one partner the exclusive right to live in the family home and exclude the other. The court gives significant weight to the housing needs of dependent children under Section 28A. An occupation order does not change ownership — it controls who lives there while the broader property dispute is resolved.

Tenancy orders (Section 28) transfer the rights under a rental lease to one partner, discharging the other from future rent obligations.

Furniture orders (Sections 28B and 28C) secure essential household items for the occupying partner or release furniture to equip a new household when one partner must move out.

The Application Process

Applications are filed at the Family Court registry closest to where the applicant lives. They can be submitted physically, by post, or through the online File and Pay system. All physical forms must be printed single-sided, as required by the Ministry of Justice.

If you file individually (rather than jointly), the application must be formally served on your partner by an independent third party. Your partner then has 21 days to respond if they are in New Zealand, 30 days if in Australia, or 50 days if elsewhere.

The court may resolve matters on the papers alone, or schedule a hearing. Judges routinely encourage mediation before proceeding to a full hearing, and many cases settle during the court process without reaching a final determination.

Urgent or Interim Orders

When there is a risk that one partner will sell, dissipate, or damage relationship property before the case is heard, either party may apply to the Family Court for interim orders to preserve assets. The court can make directions to protect property while the case is pending; the timing of an urgent application depends on the circumstances.

Preparing for a Court Application

Whether you are applying or responding, the court expects a comprehensive picture of the couple's financial position. A completed property inventory with separation-date valuations, bank statements, KiwiSaver balances, mortgage details, and documentation of any separate property claims forms the foundation of your case.

The NZ Financial Split Navigator provides worksheets for building this financial inventory — covering assets, debts, KiwiSaver, and property tracing — so you can present your lawyer with organised, court-ready documentation rather than a box of unsorted paperwork.

See more New Zealand guides →