A spouse in New Zealand can obtain an Indian divorce with little or no travel. For mutual consent, both spouses sign the joint petition and settlement, often before a New Zealand notary with a DIA apostille, and appear by video where the family court allows. The court may waive the waiting period in suitable cases. For a contested divorce, an attorney holder and our team manage filings while you appear for evidence, often by video.
- Document route
- New Zealand notary public, then apostille from the Department of Internal Affairs
- Time difference
- New Zealand is 6h30 (NZ winter) to 7h30 (NZ summer) ahead of IST
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from New Zealand: how it works
We check which law governs the marriage, which Indian court has jurisdiction and whether there are pending maintenance or criminal cases. If both spouses agree, we draft a settlement covering alimony, stridhan, children and any New Zealand assets, so that the Indian decree and any New Zealand property arrangement fit together. The petition and affidavits are signed in New Zealand and filed in India. You usually join the first and second motion hearings by video, depending on the court's practice.
Contested divorces take longer and require evidence on the grounds pleaded, such as cruelty or desertion. Some family courts allow evidence by video from New Zealand; others require at least one appearance. We also consider whether a New Zealand dissolution already obtained could be recognised, and whether property in New Zealand needs separate proceedings under New Zealand's relationship property law, which Indian courts do not apply. The Indian decree, once final, can be certified and apostilled for use in New Zealand.
What clients in New Zealand should know
- New Zealand dissolution requires two years of living apart, and that ground alone may not satisfy an Indian court applying the Hindu Marriage Act.
- New Zealand's relationship property regime, which often splits property equally, is separate from Indian alimony principles, so settlement terms should address both.
- Where children live in New Zealand, a parenting order from the New Zealand Family Court may be more practical than custody terms in an Indian decree, so both should match.
Step by step from New Zealand
Video consultation
A call at a time that suits New Zealand, after we have read your documents.
Documents signed in New Zealand
New Zealand notary public, then apostille from the Department of Internal Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in New Zealand where needed.
The full guide
This page covers what changes when you are in New Zealand. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in New Zealand and the Cross-Border Family Law practice area.
Questions from clients in New Zealand
Do I need to divorce in India if I already have a New Zealand dissolution?
Possibly. If the dissolution may not meet the Narasimha Rao test, an Indian decree removes doubt about whether you can remarry or deal with Indian property.
Can we do a mutual consent divorce entirely by video?
Many family courts allow it, but practice varies. We confirm the court's approach and plan any unavoidable appearance carefully.
Can an Indian court divide our house in Auckland?
An Indian court can make orders between the parties, but enforcing them on New Zealand property usually requires New Zealand proceedings or a consent arrangement.