How much does a divorce cost in New Zealand

While a divorce might not be anyone’s idea of a good time, it can still mark a fresh start, and sometimes even a reason to celebrate (divorce party anyone?)

New Zealand sees roughly 8,000 divorces per year, so even if it’s cheaper than a wedding, those costs certainly add up. To help us break it down, we enlisted the help of Sarah Moon, Clean Break Relationship Property Lawyer. 

Direct costs of a divorce in NZ

So how much is a divorce in New Zealand? Depending on how you approach it, there may be many different costs. Let’s dive in.

Court filing fee

Applying for a dissolution order (divorce) comes with a court filing fee. Currently, the fee for a simple application is $242.

Lawyer fees in amicable or uncontested divorces

Even if you’re friendly with your ex-to-be, you will still need a lawyer to sign the paperwork, which means fees. They will typically charge $300-$500 per hour, so even a quick signature will likely cost you several hundreds.

Lawyer fees in contested divorces

Disagreements during a divorce aren’t just emotionally painful – they’re painful for your wallet too.

That’s because if you can’t come to an agreement on your own terms, you may need to bring in a lawyer to help. And for every hour they work on your case, you will continue to accrue charges.

This could be anywhere from a few thousand into the several thousands, depending on the lawyer and the disagreements.

Property settlements

“At a minimum, if you have a house together, you will need to pay lawyers to give you advice on a relationship property agreement and the practical steps that follow, like transferring the house or applying for a KiwiSaver withdrawal,” shares Moon.

“You don’t usually need to pay this all at once or upfront though. The more complex your assets (think trusts, companies, multiple properties), or the more back-and-forth with your ex, the higher the bill.”

Family mediation

If you struggle to come to an agreement with your ex, you may need family mediation. It could be for anything from childcare arrangements to sorting out your property and other joint assets – and it might be cheaper than going to court.

The Ministry of Justice has a tool to help couples find a mediator, and some families may be eligible for funding.

If you are paying for a private mediator, it can cost thousands for a half- or full-day session.

Indirect costs of divorce 

Aside from the divorce itself, there may be other costs that pop up throughout the proceedings. 

Spousal maintenance

If, following the break-up, one partner is unable to cover their basic needs and expenses, then the other partner may be required to make payments. This is called spousal maintenance, and it can be a short- or long-term payment depending on the circumstances.

Often, it applies when one partner is the breadwinner in the relationship, which means the other partner no longer has any money coming in after the divorce.

There is no fixed number to quote here, so it really can vary greatly.

Child support

Moon shares that child support will need to be factored in for couples with kids. Note that child support payments are not calculated or made automatically.

“You can either make a private agreement with your ex-partner (which you can register with the IRD), or you can apply for the IRD’s formula assessment. The IRD formula can sometimes feel on the low side – especially once sports, music lessons, gifts, or school trips are in the mix. Payments usually depend on how many nights your child spends with each parent,” she explains.

Be sure to update Work and Income if you or your family receives family tax credits.

Property sale fees

From the property valuation to real estate agent fees and even moving costs, there can be a high bill for simply selling the house or apartment.

Selling a home and moving can easily add up. Tackling the cleaning yourself and asking friends to help with the move are simple ways to keep costs down.

Counselling and support

“Separations are tough. If you are considering taking this step, you should prepare yourself for an emotional rollercoaster for the first 12 months,” explains Moon.

While you can of course lean on friends and loved ones, you may also benefit from professional counselling. “It is easier to face things with a strong support system around you: whether professional or personal,” she said.

Ways to reduce the cost of divorce 

Moon explained that your lawyer may be able to help you find out if you are eligible for legal aid.

She also added these tips!

  • Hire a relationship property specialist
  • Get advice early before you make any major decisions
  • Be organised with your paperwork 
  • Have a list of questions 
  • Follow your lawyer’s instructions 
  • Keep your split as amicable as possible
  • Do as much straightforward negotiation as you can yourself (with your lawyer’s permission)
  • Resist using your lawyer as your sounding board for everything, the cost can really add up.

The overall cost of divorce 

So, long story short, the cost of your divorce will depend massively on whether it is amicable and whether you have kids and assets. That said, some sources suggest that New Zealand couples will typically spend anywhere from $5,000 to $10,000 on their divorce.

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Disclaimer: The information provided in this article is general information and shouldn't be relied upon as legal advice or as a substitute for legal advice. If you have legal questions you should contact an appropriate professional.