Apply for a Separation Order when you don't agree

If you need help to fill in the forms you can find out more on affidavits and statutory declarations.

Note: When you print the forms it's important to print them single sided.

  1. Fill in these 3 forms:
    Application form for order (or declaration) on notice – G5 [PDF, 47 KB]
    General affidavit [PDF, 38 KB]
    Information sheet to accompany certain applications – G7 [PDF, 44 KB]
  2. File your application.
    Find out more about how to file documents

What happens after you file your application

The court will process your application and give them to your ex-partner. This is called serving the documents.

Your ex-partner then has a set time to decide if they want to ask the Family Court not to make the Separation Order (this is called defending the application). This is usually:

  • 21 days after the documents are served in New Zealand
  • 30 days if they are served in Australia
  • 50 days for anywhere else in the world.

If your ex-partner asks the court not to make the Separation Order

If your ex-partner asks the court not to make the Separation Order, then there will be a defended hearing in front of a Family Court judge. The judge will hear from both of you and decide if they should make the Separation Order.

If the Separation Order is made, it is valid from the day of the hearing. The court will send copies to both of you.

If your ex-partner doesn’t do anything in the set time

If your ex-partner doesn’t do anything in the set time, a judge will decide if they should make the Separation Order.

If the Separation Order is made, the court will send copies to both of you.

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