Yes, you can still apply for a divorce in New Zealand if your ex-partner is living overseas. These matters can involve elements of international divorce, particularly where documents need to be served in another country, but living overseas does not necessarily prevent an application for divorce or dissolution. For a divorce or dissolution on the ground of irreconcilable breakdown, you must show that you and your partner have been living apart for a period of two years immediately before filing the application. At least one of you must be “domiciled” (see below) in New Zealand.
I Was Married Overseas. Can I Still Apply for a Divorce in New Zealand?
It does not affect your application for divorce or dissolution of marriage if you were married overseas and hold an officially generated marriage certificate from another country. If the marriage certificate is not in English, then an official translation can be obtained.
What Does “Domiciled” Mean?
In general terms, being domiciled in New Zealand means New Zealand is considered your permanent home, even if you are currently living overseas temporarily for work, family, or other reasons.
A person born overseas may still be considered domiciled in New Zealand if they have made New Zealand their long-term home and intend to continue living here permanently.
Joint Application or Single Sided Application
When making an application for dissolution, there are two options available.
The first option is a joint application and joint affidavit or affirmation. This is where both parties agree to the dissolution and sign the application documents together. The advantage of a joint application is that, as you have both consented to the filing of the application, the Court can process your application without delay as there is no need to allow time for a notice of defence to be filed. This is also a more cost-effective way to proceed.
The second option is a single-sided application. This is often used where the other party is overseas, cannot be contacted, or is unwilling to sign the documents. You can still apply for a dissolution on your own. However, the Court will require the application to be formally served on your ex-partner and an affidavit of service filed by the person who served your application on your ex-partner. This is necessary as the Court requires evidence that your ex-partner has been served before processing your single application for dissolution.
Serving Divorce Documents Overseas
If your ex-partner is living overseas, the dissolution documents can still be served in several ways, including through an overseas process server at their last known address.
If you do not know your ex-partner’s current address, or reasonable efforts to serve have been unsuccessful, you may also be able to apply to the Court for substituted service. This allows the Court to approve an alternative method of service, such as by email, Facebook Messenger, or another method likely to bring the documents to your ex-partner’s attention.
Can I Divorce Someone Who Lives in Another Country?
Yes, provided the New Zealand requirements are met. Where one party lives in another country, the main additional issue is usually service of documents. In some cases, international divorce matters may also involve related issues such as parenting, relationship property, or protection orders.
Need Help with a Divorce or Dissolution?
While some people choose to complete a dissolution application themselves, legal advice can be helpful where the other party is overseas, difficult to contact, or where there are related parenting, relationship property, or Protection Order matters involved.
If you are wanting assistance with your dissolution (divorce) application, our team can guide you through the process and discuss the best option for your situation.
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