Divorce Consent Form for New Zealand

Divorce Consent Form Template for New Zealand

A formal legal document filed with the New Zealand Family Court to obtain a dissolution of marriage (divorce) by mutual consent. This document, governed by the Family Proceedings Act 1980 and Family Court Rules 2002, requires both parties to agree to the dissolution and confirm they have lived apart for at least two years. It includes personal details of both parties, marriage information, separation confirmation, and may include arrangements for children, property, and financial matters. The form serves as the primary instrument for initiating an uncontested divorce proceeding in New Zealand's jurisdiction.

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What is a Divorce Consent Form?

The Divorce Consent Form, officially known as an Application for Dissolution of Marriage in New Zealand, is a crucial legal document used when both parties agree to formally end their marriage. This document is specifically designed for use in New Zealand's jurisdiction and must comply with the Family Proceedings Act 1980. It can only be filed after the parties have lived apart for at least two years, and both parties must consent to the dissolution. The form captures essential information including personal details of both parties, marriage information, separation confirmation, and arrangements for children if applicable. It is used exclusively in the Family Court system and requires proper execution before a registrar or authorized official. The document's primary purpose is to facilitate an uncontested divorce process, making it more straightforward and less costly than contested proceedings.

What sections should be included in a Divorce Consent Form?

1. Applicant Details: Full legal name, occupation, and residential address of the person filing for divorce

2. Respondent Details: Full legal name, occupation, and residential address of the other spouse

3. Marriage Details: Date and place of marriage, including registration number and certificate details

4. Jurisdiction: Confirmation that either party is domiciled in New Zealand

5. Separation Period: Declaration confirming the parties have been living apart for at least 2 years

6. Service Details: Information about how the application will be served on the respondent

7. Statement of Truth: Declaration that all information provided is true and correct

8. Signature Block: Space for signatures, dates, and witness details

What sections are optional to include in a Divorce Consent Form?

1. Children of Marriage: Details of any children under 18, including arrangements for their care, custody, and access - required if there are children of the marriage

2. Counselling Details: Information about any relationship counselling undertaken - optional but can support the application

3. Domestic Violence Orders: Details of any protection orders or domestic violence proceedings - required if applicable

4. Interpreter Requirements: Request for interpreter services if either party requires language assistance

5. Financial Support: Details of any maintenance arrangements - required if maintenance is being sought

6. Previous Proceedings: Information about any previous court proceedings between the parties - required if applicable

What schedules should be included in a Divorce Consent Form?

1. Schedule A - Marriage Certificate: Certified copy of the marriage certificate

2. Schedule B - Separation Evidence: Documentation supporting the separation period (if available)

3. Schedule C - Children's Arrangements: Detailed parenting arrangements and support agreements for children under 18

4. Schedule D - Service Documents: Proof of service documents and affidavits

5. Appendix 1 - Supporting Affidavits: Any additional affidavits from witnesses confirming separation

6. Appendix 2 - Financial Documents: Financial information relevant to maintenance claims if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Relevant Industries

Legal Services

Public Administration

Family Services

Social Services

Financial Services

Professional Services

Court Services

Government Administration

Relevant Teams

Legal Operations

Family Law

Court Administration

Document Processing

Client Services

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Records Management

Administrative Support

Relevant Roles

Family Court Judge

Family Lawyer

Legal Executive

Court Registrar

Divorce Mediator

Family Court Counsellor

Legal Secretary

Relationship Property Lawyer

Process Server

Justice of the Peace

Legal Administrator

Family Law Paralegal

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