A law expert says a bill allowing family violence survivors with protection orders to leave marriages “immediately” is the first legislative recognition that people should not have to live in abusive situations.
Under current law, there is a minimum two-year separation period, only after which couples could file for a disillusionment, or divorce.
The Family Proceedings (Dissolution for Family Violence) Amendment Bill has now passed its third reading, and would allow family violence survivors with a protection order to dissolve their marriages immediately without going through a court process.
University of Auckland law professor Mark Henaghan told Breakfast the move recognises the “very high” rates of family violence in New Zealand, and could empower more survivors to leave abusive situations.
“It’s public recognition by all sides of the party saying ‘this is not on’… So it’s the first kind of recognition across the country to say in marriage, in civil union you don’t have to put up with this, we’ll give you an instant divorce.”
Henaghan said the old rules moved away from what was known as “fault divorce”, in which the separation period was two years without exceptions.
“I think this now recognises there should be exceptions, and we’re going back to fault. We’re really saying that abuse in a marriage or civil union is just off the cards. You shouldn’t have to live with that,” he said.
“And you don’t have to wait for two years before you want to not be married to that person. If you have a protection order — you can get it straight away.”
He said if a protection order was shown, the Registrar of the Court could sign off the divorce on the spot.
“You’ve already got the protection order, and once you’ve got that, that gives the court jurisdiction to sign off on it.”
Henaghan said society and legislators had long failed to recognise family violence as a form of social entrapment, in which people were scared to leave due to the “build-up of abuse over time”.
“There’s lots [of people] out there that could use this, but the real question is ‘are they able to use it?’ Because they’re sometimes paralysed in these relationships and socially isolated.
“Sometimes their phones are controlled — to get down to the court to make an application or even to leave is not easy.”
He said it was important for New Zealand to “get behind people” and for them to see that the law also supported them leaving bad situations.
“It’s happening much more than we think. We recognise it, say ‘something is not right there’ and give them support.”
