WELLINGTON, New Zealand — In a significant legislative move, New Zealand’s Parliament has approved a bill that allows individuals who are victims of domestic violence to expedite the process of divorce. On Wednesday, lawmakers voted unanimously to eliminate the mandatory two-year separation period that previously existed before divorce proceedings could commence. This ruling is particularly noteworthy as it is the longest among similar no-fault divorce laws observed in other countries, including Australia, the United Kingdom, Canada, and various U.S. states.
Under this new provision, individuals can now initiate divorce or civil partnership dissolution as soon as a protection order has been issued against their abusive partner. During discussions in Wellington, members of Parliament expressed that many survivors revealed how the lengthy separation requirement posed challenges in leaving harmful situations, often increasing the risk of returning to their abusive partners. Lawmaker Deborah Russell, who advocated for the legislation, emphasized, “Two years holds the tie. It binds the victim to their abuser. That should not be the case.”
The approval of this change showcased an exceptional moment of bipartisan agreement, with all 123 Parliament members voting in favor of the bill. The background to this legislation is rooted in alarming statistics regarding domestic violence in New Zealand, which is regarded as a significant social concern. According to police data from the year ending June 2023, there were over 177,000 family harm investigations, reflecting a 49% increase since 2017 in a nation with a population of around 5 million.
While many celebrated this step forward, some lawmakers have argued that further legal reforms are necessary. These may include ensuring that individuals exiting abusive marriages are not rushed into property settlements or child custody arrangements during emotionally charged times. There is also a call for broader types of evidence concerning abuse to be acceptable, as the current system requires a formal protection order to be in place first before an expedited divorce is permissible.
Notably, New Zealand has permitted no-fault divorce since 1980, allowing couples to separate without providing specific reasons. In contrast, neighboring Australia mandates couples to live apart for 12 months, though they can do so under the same roof. The United Kingdom’s introduction of no-fault divorces in 2022 includes a waiting period of 20 weeks, a departure from previous requirements that necessitated citing specific reasons for divorce.
In the United States, all states allow no-fault divorce, with separation periods varying and generally shorter than New Zealand’s requirement. Recently, there have been movements in some states advocating against no-fault divorce laws, primarily led by conservative commentators and lawmakers.
Acknowledgment for the change in New Zealand’s law has been given to three courageous women who have survived abusive relationships, with Ashley Jones being particularly instrumental. After leaving her abusive spouse in 2020, Jones approached her local member of Parliament, Chris Bishop, and eventually presented a petition to Parliament advocating for reform. She highlighted that it took her over 1,000 days to finalize her divorce after leaving her husband in 2023.
Bishop conveyed to Parliament, “We get a lot of grief in this place, probably sometimes fairly, about being fixated on things that don’t actually matter that much. But this matters, this legislation matters, and this issue matters and today we’re doing something about it.” The recent legislative change reflects a crucial step toward supporting victims of domestic violence in New Zealand.