Last reviewed: 28 October 2026
Quick answer
You can usually divorce in Australia after 12 months’ separation if either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months. New Zealand requires two years’ separation and a New Zealand domicile. The two countries divide property in very different ways: New Zealand starts from equal sharing of relationship property, while Australia weighs contributions and future needs. New Zealand and Australia apply the Hague Child Abduction Convention to each other and have a bilateral child support agreement, but divorce, maintenance and parenting orders do not pass between them under the general trans-Tasman scheme.
Many Chinese families live across the Tasman: a home in Auckland, another in Melbourne or Sydney, children studying in one country and parents living in the other. Because moving between the two countries is easy, it is common for both legal systems to be available when a relationship ends.
Where can you file?
Australia
At least one spouse must:
- be an Australian citizen;
- be domiciled in Australia; or
- have ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation, which can include separation under one roof. Couples married less than two years need a counselling certificate or an explanation.
New Zealand
In New Zealand, a marriage is dissolved by the Family Court when the spouses have lived apart for at least two years. That period cannot be shortened by agreement, although a final protection order removes the need to wait. At least one spouse must be domiciled in New Zealand. If there are children under 16, the court must be satisfied that arrangements for them are in place.
Because Australia requires only 12 months’ separation, an Australian divorce is often available sooner.
Property: the key difference
New Zealand. Under the Property (Relationships) Act 1976, relationship property is generally shared equally for relationships of three years or more, including de facto relationships. The court departs from equal sharing only where it would be extremely unfair. Childcare and unpaid work count the same as paid work. Separate property, such as property owned before the relationship and kept separate, is generally excluded. Shorter relationships follow different rules.
Australia. There is no presumption of equal sharing. The court considers all property, including assets owned before the relationship, inheritances and gifts. It weighs each party’s financial and non-financial contributions, considers future needs such as care of children, earning capacity and housing, and must be satisfied the outcome is just and equitable. Since 10 June 2025 this framework is set out directly in the Family Law Act.
Where one partner owns significant pre-relationship or family wealth, these differences can produce very different results. Choosing the forum carefully, and early, matters.
Property in both countries
New Zealand’s Act applies to all land in New Zealand, and to other property wherever it is if a party is domiciled in New Zealand. It does not apply to land outside New Zealand, such as a home in Melbourne.
An Australian court considers all property of both parties, including New Zealand land, KiwiSaver balances and New Zealand businesses. It cannot change title in New Zealand, but it can order a party to transfer or sell, or adjust the Australian assets. KiwiSaver is not Australian superannuation and cannot be split under Australian superannuation splitting laws, but its value counts.
An Australian court will only decline to hear a case if Australia is a clearly inappropriate forum. If proceedings are started in both countries, the courts may need to decide which proceeds.
Do orders cross the Tasman?
The Trans-Tasman Proceedings Act allows many civil judgments to be registered and enforced in the other country. However, it expressly excludes divorce, the enforcement of spousal and child maintenance, child support, and orders about the care and welfare of children. Those matters each use their own arrangements:
- Divorce. Each country recognises the other’s divorces under its own recognition rules.
- Children. The Hague Child Abduction Convention applies between the two countries, and parenting orders can be registered in some circumstances under family law regulations.
- Child support. A bilateral agreement applies (see below).
Whether an Australian family law property order can be registered in New Zealand under the trans-Tasman scheme is not straightforward. Settlement terms should be drafted so they can be carried out in both countries without relying on registration.
Children
In Australia, parenting decisions are made in the child’s best interests, and there has been no presumption of equal shared parental responsibility since May 2024. New Zealand courts also put the child’s welfare and best interests first.
Moving between Australia and New Zealand
Because travel is so easy, a parent may move with a child across the Tasman without the other parent’s agreement. A relocation needs the other parent’s consent or a court order.
Wrongful removal or retention
Australia and New Zealand apply the Hague Child Abduction Convention to each other. If a child is wrongfully taken from Australia to New Zealand, or kept there, the left-behind parent can apply through Australia’s Central Authority for the child’s return. Act promptly. To prevent removal, an Australian court can place a child on the Family Law Watchlist and restrain travel.
Child support
Australia and New Zealand have a bilateral child support agreement. Generally, the child support agency in the country where the receiving parent lives makes the assessment, and both agencies cooperate to collect and enforce it.
Agreements
A New Zealand contracting-out agreement under the Property (Relationships) Act must be in writing, signed by both parties, and each party must receive independent legal advice from a lawyer who certifies it. The New Zealand court can set an agreement aside if it would cause serious injustice. Couples can also agree which country’s law governs their property, but only at or before the start of the relationship.
An Australian binding financial agreement has similar formal requirements but different tests for being set aside. Couples with assets in both countries should consider coordinated agreements drafted for both systems.
Resolving it by agreement
Mediation, including online, suits trans-Tasman families. An agreement can be made into Australian consent orders, with matching steps in New Zealand.
Frequently asked questions
We live in Auckland but are Australian citizens. Can we divorce in Australia? Yes. Australian citizenship is enough for divorce jurisdiction, after 12 months’ separation.
Does New Zealand split property 50:50? For relationships of three years or more, relationship property is generally shared equally. Separate property is generally excluded.
Can an Australian court divide our Auckland house? It includes its value and can order a party to transfer or sell it, or adjust Australian assets.
My former partner moved our child to New Zealand without my consent. What can I do? A Hague Convention return application can be made. Act quickly.
Will child support follow us across the Tasman? Yes. A bilateral agreement allows assessment and collection between the two countries.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Chinese families with homes, businesses and children in both Australia and New Zealand. We work with New Zealand lawyers where steps are needed there.
Our principal, Justin Chua, is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator, and conducts mediations online. We help with:
- choosing where to file and when;
- property settlements involving New Zealand assets;
- Hague Convention returns and relocation across the Tasman;
- financial agreements for couples with assets in both countries.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. New Zealand law points are a general overview; advice from a New Zealand lawyer may be needed for steps in New Zealand.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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