Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client wants to dissolve their marriage or civil union in New Zealand. This plan helps family law practitioners guide the applicant through the entire process from intake to final order, ensuring all statutory requirements, child care assessments, and service rules are satisfied.
Jurisdiction: Family Court of New Zealand. Dissolution proceedings are conducted on a national basis through local Family Court registries, with administrative paper listings handled by registrars.
The Process at a Glance: The practitioner conducts client intake, completes conflict checks, and verifies the client's New Zealand domicile. For standard applications, separation is established by proving the parties have separated and lived apart for a continuous period of at least two years. The practitioner audits arrangements for any children under sixteen and drafts the sole application and affidavit. The client executes the affidavit before an authorized witness, and the documents are filed in court along with the filing fee. The filed documents are personally served on the respondent, who has a set response window depending on their location. If undefended, the registrar reviews the application on the papers track, makes the dissolution order, and issues the sealed final order after a one-month holding period. The final order triggers a twelve-month limitation period for relationship property claims.
Use this fork when a client who is a protected person under a final protection order wishes to apply for a dissolution of marriage or civil union under the fast-track family violence pathway. This pathway removes the requirement to prove a two-year separation period and allows the application to be filed even if the parties are still living together.
Use this fork when both parties to a marriage or civil union wish to apply jointly for a dissolution of marriage in New Zealand. Joint applications are cooperative paper applications that avoid the need for formal service, response tracking, and contested hearings, leading to a faster and less adversarial resolution.
Use this fork when both parties wish to apply jointly for a fast-track dissolution of marriage under the family violence pathway. A joint fast-track application is only legally permissible under Section 39A(2) of the Family Proceedings Act 1980 if both parties hold mutual final protection orders against each other, allowing them to bypass the two-year separation requirement.
Key Legislation and Case Law: Family Proceedings Act 1980 - Section 37 (jurisdiction gateway based on domicile), Section 39 (irreconcilable breakdown as the sole ground), Section 38 and Section 40 (proof of separation and living apart for a continuous period of at least two years), Section 42 (dissolution order takes effect as a final order after one calendar month), Section 45 (day-to-day care and welfare of children under sixteen), and Section 182 (court power to inquire into and make trust orders). Family Court Rules 2002 - Rule 41 (response windows), Rule 104 and Rule 108 (personal service restrictions), Rule 339 (marriage certificate requirement), Rule 355 (registrar list), and Forms FP 11 and FP 12 (sole application forms). Property (Relationships) Act 1976 - Section 24 (twelve-month relationship property limitation). Oaths and Declarations Act 1957 - Section 2A (AVL remote witnessing) and Section 9 (authorized witnesses). New Zealand Legislation: Family Proceedings Act 1980. Ministry of Justice: Dissolve your marriage or civil union.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Dissolution of Marriage or Civil Union (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Administrative Filing process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Section 24 Property (Relationships) Act 1976 outlines that claims must be filed within twelve months of dissolution, unless leave is granted on the grounds of serious injustice. Section 182 of the Family Proceedings Act 1980 allows the court to inquire into and vary pre-nuptial or post-nuptial settlements held in trusts.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.