New Zealand has made a significant change in its divorce laws by exempting victims of abuse from a forced two-year wait period before they can seek a divorce. The unanimous vote by lawmakers on Wednesday will allow victims of domestic violence to cut ties with their abusive spouses more swiftly.
The previous mandatory two-year separation period, which also required the couple to live apart, was considered to be the longest among no-fault divorce laws in comparable countries like Australia, Britain, Canada, and most states in the U.S. The change means that a victim of domestic violence can now seek dissolution of their marriage or civil partnership as soon as a protection order against their spouse is granted.
Lawmakers in Wellington, the capital of New Zealand, highlighted that the extended reflection period often made it difficult for survivors to leave abusive relationships and increased the likelihood of returning to violent partners. The sponsor of the bill, lawmaker Deborah Russell, emphasised that the two-year wait bound the victim to their abuser and should not be the case.
In a rare show of political unity, all 123 members of parliament voted for the change. The decision was influenced by the concerning domestic violence figures in New Zealand, with over 177,000 family harm investigations recorded in the year leading up to June 2023 in a country with a population of 5 million.
Further reforms were suggested to ensure that individuals leaving violent marriages were not rushed through property division or custody agreements during emotional turmoil. Some lawmakers proposed accepting more forms of evidence of abuse beyond the requirement of a formal protection order for an expedited divorce to be granted.
New Zealand has permitted no-fault divorce since 1980, allowing couples to split without stating a reason. In neighbouring Australia, a 12-month separation period is required before divorce, while in the U.K., a 20-week waiting period for no-fault divorces was introduced in 2022. The move to exempt abuse victims from the two-year wait was hailed as a significant step in addressing a critical social issue, with survivors of abuse playing a crucial role in prompting the legislative change.