We were recently approached by two anonymous parents. They had no disputes about their relationship property division with minimal assets and liabilities. They simply could not afford the $3,000–$5,000 typically charged by lawyers to have their separation agreement formalised. They contacted the Auckland Family Court registry to ask whether they could apply jointly, without lawyers, for a consent order under the Property (Relationships) Act. They were told no such joint application form exists and that they would need to go through lawyers and pay those legal fees — even though they had already reached agreement and did not require legal advice or representation.

In countries like the United Kingdom and Australia, the family courts provide do-it-yourself forms for separated couples who have reached agreement and want to apply jointly for a court order to formalise that agreement. These processes are clear, streamlined, and do not require either party to hire a lawyer if they are confident managing the process themselves.

In contrast, New Zealand currently offers no practical pathway for couples to jointly file for a relationship property order application by consent, even though the legislation allows it.

In countries like the United Kingdom and Australia, the family courts provide (do it yourself kit) forms for separated couples who have reached agreement and want to apply jointly for a court order / declaration to formalise that agreement. These processes are clear, streamlined, and do not require either party to hire a lawyer if they are confident managing the process themselves.

In contrast, New Zealand currently offers no practical pathway for couples to jointly file for a relationship property order application by consent, even though the legislation allows it.

What the Law Allows in New Zealand

Section 23(1)(a) of the Property (Relationships) Act 1976 states:

“The following persons may apply for an order under section 25(1)(a) or (b)…
(a) either spouse or partner, or both of them jointly…”

This provision clearly allows two people to apply together for an order dividing relationship property. It contains no requirement that the parties be in dispute, nor does it limit the application to cases involving conflict or legal representation.

Yet in practice, couples who attempt to file jointly are often advised by court registry staff that there is no official form available for such an application, or that a joint application is not acceptable. Instead, they are routinely directed to engage separate lawyers to draft and certify a private agreement under section 21A and the fees starts from $3000 – $5000— even when both parties are in full agreement and simply wish to have the Court make an order by consent.

This gap between the law and the process has significant consequences.

There is no ambiguity in the law: section 23(1)(a) clearly permits either or both parties to apply for a property division order. That means joint applications are legally valid — what’s lacking is the mechanism to support them.

What Happens in Australia

In Australia, separating couples who agree on how to divide their property can complete a publicly available Application for Consent Orders Kit , provided by the Federal Circuit and Family Court of Australia. This enables them to jointly apply for court orders without needing to initiate adversarial proceedings or engage in expensive legal drafting.

The court reviews the application, ensures it meets fairness standards, and makes the order if appropriate. It is efficient, affordable, and legally robust.

What Happens in the United Kingdom

The United Kingdom offers a similarly accessible process. Couples can jointly apply for a consent order after separation by completing simple forms and submitting them to the court for approval. Guidance and templates are available through official government websites. No dispute is required, and legal representation is optional.

What Happens in New Zealand

Although New Zealand legislation allows joint applications under section 23(1)(a), there is currently no official court form or published process for two people to jointly apply for a property order by consent. The only option available is a single-sided application by one party.

Instead, couples are steered toward two options:

1. An agreement under section 21A, which must be drafted and certified by independent lawyers for each party which costs 3k-5k; or
2. A court application under sections 23/25, typically interpreted by court staff as available only when there is a dispute between parties.

Even when couples are in full agreement, they are told they must either engage lawyers or go through the court process using a single-sided application.

Below is a Comparison of Relationship Property Consent Order Processes: Australia, UK, and New Zealand

The Impact on Families

This lack of procedural support creates unnecessary cost and confusion for separating couples who have already resolved their property matters amicably. It can:

• Delay resolution and finality.
• Increase significant financial burden on families.
• Discourage self-representation, even where parties are capable of managing the process.
• Undermine the purpose of section 23(1)(a), which was clearly designed to allow either party — or both — to apply for an order.

There are also broader implications. In other areas of family law, such as parenting orders, joint applications are supported and encouraged. There is no clear reason why relationship property matters should be treated differently.

A Simple Path to Reform

New Zealand has the legislative foundation in place. What’s missing is a practical, accessible process that allows couples to act on it.

To align with best practice and improve access to justice, the following changes should be considered:

• Development of a joint consent application form for relationship property orders under section 23(1)(a).
• Clear procedural guidance for court staff and the public on how joint applications can be filed.
• Recognition that agreement between parties should not disqualify them from applying jointly for a court order.
• Procedural support for self-represented applicants who are not in conflict.

These steps would bring the practical administration of New Zealand’s family law in line with its legislative intent — and with comparable jurisdictions abroad.

In Summary

The Property (Relationships) Act 1976 allows joint applications for relationship property orders. Australia and the United Kingdom have already created accessible court processes to support this. New Zealand, despite having the legal foundation, lacks the procedural pathway.

Enabling joint, self-represented applications where parties are in agreement would increase fairness, reduce unnecessary cost, and support a more collaborative approach to separation.

The law allows it. It’s time the process caught up.

Are we really asking separating parents to manufacture a dispute just to access a more affordable legal pathway — or forcing them to pay thousands in legal fees to lawyers just to formalise what they’ve already agreed on?

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. The information provided is based on publicly available sources and reflects the understanding of the law and procedures at the time of publication. Legal processes, policies, and costs may change over time.