Legislation making it easier for people to leave abusive marriages passes third reading

The two-year wait for a divorce is ending after a law to help people leave abusive relationships passed its third reading. Photo / 123rf

Legislation making it easier for survivors of family violence to leave their marriage has unanimously passed its third reading.

Before today, the system required couples in marriages or civil unions to wait two years for a divorce – which several politicians in the House this afternoon described as tethering a victim to their abuser when that relationship was abusive.

This bill removes that requirement and gives survivors of family violence the ability to swiftly dissolve an abusive marriage by applying for a court order once a protection order is registered.

Politicians on all sides of the House supported the passing of the legislation, which was initially introduced by former Labour MP Angie Warren-Clark and shepherded through Parliament by Labour’s Dr Deborah Russell.

Russell said the change – which was prompted after a brave survivor of abuse began a petition to Parliament – would help victims of domestic violence to come.

“This is an important step towards helping people with violent partners to leave their relationships and removes a source of power that abusers can retain over their victims even after separation.”

Labour’s Dr Deborah Russell Photo / Mark Mitchell

National Minister Chris Bishop said today’s law passing was “righting the wrong”, saying people were often “quite staggered” to learn the law required a two-year separation period. Bishop had also been involved in the bill process from the beginning after a constituent approached him with a petition.

“Today is a good day,” Bishop said.

Green Party MP and justice spokeswoman Tamatha Paul said the legislation would remove one of the many barriers for people leaving abusive relationships.

Russell said the bill highlighted the need for a much more thorough review of New Zealand’s divorce laws so that it fits with “modern realities”.

“Our current law dates to 1980, and more than 40 years later, we have a very different way of forming and dissolving relationships.

“I think this is an important milestone for all parties. It shows we can work together when it’s clear there is an issue that we can solve together – putting politics aside for the betterment of New Zealanders’ safety.”

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.