Cost Guide 9 min read Updated January 2026

How Much Does a Divorce Lawyer Cost in New Zealand?

Getting divorced in NZ costs between $2,000 and $50,000+ depending on complexity. This guide covers all divorce costs including court filing fees, lawyer fees, and when you actually need legal representation.

Quick Answer: Divorce Costs 2026

  • Uncontested divorce (total): $2,000-4,000
  • Contested divorce: $10,000-50,000+
  • Court filing fee (joint): $211.50
  • Court filing fee (sole): $224.50
  • DIY divorce (no lawyer): $211.50-224.50 filing fee only

Understanding the NZ Divorce Process

Before diving into costs, it's important to understand how divorce works in New Zealand:

Key Requirements for Divorce in NZ

  • 2-year separation: You must be separated for at least 2 years before applying
  • Living apart: You can be "separated under the same roof" but must demonstrate the relationship has ended
  • Marriage recognition: Your marriage must be legally recognised in NZ
  • No fault required: NZ has no-fault divorce - you don't need to prove wrongdoing

Court Filing Fees

The Family Court charges a fee to process your divorce application:

Application Type Filing Fee Best For
Joint Application $211.50 Both parties agree and apply together
Sole Application $224.50 One party applies alone

Fee waivers: If you're on a low income, you may be able to apply for a fee waiver or reduction. Contact the Family Court for eligibility information.

Divorce Lawyer Costs by Complexity

Uncontested Divorce ($2,000-4,000)

An uncontested divorce is where both parties agree to end the marriage and have already sorted out property and children matters. This is the cheapest option involving a lawyer:

  • Lawyer fees: $1,500-3,500
  • Court filing fee: $211.50 (joint)
  • Total typical cost: $2,000-4,000

Many people handle uncontested divorces themselves without a lawyer, paying only the filing fee.

Contested Divorce ($10,000-50,000+)

A contested divorce involves disputes that require court resolution:

  • Simple disputes: $10,000-20,000
  • Complex property division: $20,000-40,000
  • Children + property disputes: $30,000-50,000+
  • High-conflict cases: $50,000-100,000+

Property Division Costs

Dividing relationship property is often the most expensive part of a divorce:

Situation Typical Cost
Simple agreed split (house, KiwiSaver) $3,000-6,000
Moderate complexity (multiple properties, investments) $8,000-15,000
Business interests involved $15,000-40,000
Trust disputes $20,000-60,000+
High-value contested estates $50,000-150,000+

Children Matters Costs

Resolving parenting arrangements can significantly add to divorce costs:

Situation Typical Cost
Agreed parenting plan $2,000-4,000
Mediated parenting agreement $3,000-6,000
Contested parenting order $10,000-30,000
High-conflict custody battle $30,000-80,000+
Relocation disputes $20,000-50,000+

Mediation vs Court: Cost Comparison

Mediation is almost always cheaper than going to court:

Mediation

  • Cost: $200-400/hour (often subsidised)
  • Total typical: $1,000-5,000
  • Timeline: Weeks to months
  • Control: You decide the outcome
  • Relationship: Less adversarial

Court

  • Cost: $300-500/hour lawyer fees
  • Total typical: $15,000-50,000+
  • Timeline: Months to years
  • Control: Judge decides
  • Relationship: Often damages co-parenting

Family Dispute Resolution (FDR): Government-funded mediation is available for parenting disputes. You must attempt FDR before applying to the Family Court for a parenting order (with some exceptions).

When Do You Need a Lawyer?

You Might NOT Need a Lawyer If:

  • You and your spouse agree on everything
  • You have no children or have agreed parenting arrangements
  • You have simple assets and have agreed on division
  • You're comfortable completing court forms yourself
  • Your spouse isn't using a lawyer either

You Likely NEED a Lawyer If:

  • Your spouse has a lawyer
  • There are disputes about children
  • Significant property, business, or trust assets are involved
  • There's been family violence
  • Your spouse is being unreasonable or hiding assets
  • Complex financial matters need sorting

Joint vs Sole Application

Understanding when to use each type:

Joint Application ($211.50) Sole Application ($224.50)
Both parties sign the application Only you sign
Shows mutual agreement Your spouse must be served papers
Simpler, faster process Spouse has time to respond/object
Best when relationship is amicable Needed if spouse won't cooperate

Ways to Reduce Divorce Costs

Money-Saving Tips

  1. Agree first, then document: Sort out as much as possible with your spouse before involving lawyers
  2. Use mediation: Government-subsidised FDR can resolve most disputes at a fraction of court costs
  3. Consider DIY for the divorce itself: The dissolution paperwork is straightforward if you agree on everything
  4. Get fixed-fee quotes: Many lawyers offer fixed fees for uncontested divorces
  5. Be organised: Gather all financial documents before your first lawyer meeting
  6. Communicate by email: This is more efficient than phone calls and creates a record
  7. Don't litigate out of spite: Fighting costs everyone money - focus on practical outcomes

Legal Aid for Divorce

You may qualify for legal aid if your income is:

  • Single: Under $23,820/year
  • Couple: Under $37,758/year
  • With children: Higher thresholds apply

Legal aid can cover divorce-related matters including property division and parenting disputes. Note that you may need to repay some costs from any property settlement you receive.

Timeline and Process

  1. Separation (2 years): You must be separated for at least 2 years
  2. Application: File joint or sole application with Family Court
  3. Service (sole only): If sole application, your spouse must be served
  4. Response period: Your spouse has time to respond
  5. Interim order: Court issues interim dissolution order
  6. Final order: After 1 month, the order becomes final

Total time from application: Typically 4-6 months for uncontested divorces.

Questions to Ask Your Divorce Lawyer

  1. What is your hourly rate?
  2. Do you offer fixed fees for divorce applications?
  3. What's the estimated total cost for my situation?
  4. Can we handle the divorce separately from property/children matters?
  5. Do you recommend mediation first?
  6. Am I eligible for legal aid?
  7. How long do you expect this to take?
  8. What can I do myself to keep costs down?

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