For more than four decades, New Zealand’s no-fault divorce system has sought to bring fairness and calm to relationship breakdowns. Yet for victims of family violence, the law’s built-in waiting period has often meant remaining bound legally and emotionally to someone who poses a threat to their safety.
From 17 October 2025, new legislation will change that. The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 now known as Ashley’s Law introduces a faster, safer way for victims of family violence to end a marriage or civil union.
We see this as a long-overdue and a deeply humane reform. Too often, we have supported clients who were ready to leave unsafe relationships but were forced to remain legally connected to their abusers. The two-year rule meant that even after securing a protection order, victims could not fully move on.
Ashley’s Law recognises that justice must also mean safety.
It allows those with a final protection order known in law as a protected person under the Family Violence Act 2018 to apply for dissolution without first living apart for two years. The same applies to registered foreign protection orders and to orders issued under the Sentencing Act 2022. In short, once the court has acknowledged that violence occurred, the survivor does not have to wait to be free.
The law is named after Ashley Jones, whose experience revealed how existing processes could unintentionally re-victimise survivors. Despite having a protection order in place, Ms Jones faced years of delay because she was legally barred from contacting her former partner to serve court documents. Her determination to challenge that injustice led to bipartisan support for the amendment, a rare and encouraging moment of unity in Parliament, and a testament to the power of persistence.
Practically, Ashley’s Law means that dissolution can now proceed on the grounds of family violence alone. Once granted, it also enables the court to review post-nuptial property settlements under section 182 of the Family Proceedings Act 1980 to correct any unfairness caused by coercion or abuse. Other family law considerations including care of children and relationship property remain unchanged, and the one-year timeframe for property claims still applies.
For those affected, the change offers more than expedience; it offers dignity. It acknowledges that no one should be legally bound to the person who harmed them. It reflects a justice system willing to evolve in compassion and common sense.
This reform brings long-overdue relief to those seeking safety and closure. If you or someone you know needs guidance on how Ashley’s Law may apply, our family law team can provide clear, confidential advice every step of the way.