At what point does my relationship become de facto?
What do I need to do before I can legally get married?
How do I get a marriage licence?
We want to get married in a church, but my fiancée is an atheist. Would we be allowed?
We are a gay couple from overseas. Can we get married in New Zealand?
At what point does my relationship become de facto?
If you live together with your partner for three or more years, as a couple, you’re legally considered to be a de facto couple – even though you may be flatting with other people. De facto couples are regarded by the law in much the same way as married or civil union couples. This means any property you have acquired since you got together becomes relationship property, though you may not have made equal financial contributions.
Likewise, if you split up, the rules for dividing your relationship property are very similar to those that apply when a marriage breaks up. The legal side of a de facto relationship is explained in a Law Society booklet ‘Living Together’ – it explains all about your rights, your partner’s rights, property rights, financial support, and where to get help from in different situations.
What do I need to do before I can legally get married?
Getting married can take months to plan depending on how formal or large you want your wedding ceremony to be. This can seem overwhelming, so the best plan is to take it step by step by:
- Deciding where and when you want to get married. You need to do this before you apply for a marriage licence. There are two types of ceremony – a civil ceremony at the registry office, or a public ceremony held by an authorised Celebrant at the place of your choice
- Choosing a marriage celebrant You need to appoint an authorised marriage Celebrant
- Getting a marriage licence You need to be at least 16 years old to get married. If you are under 18, you will need your parents’ or guardian’s consent to be legally married.
- Making a statutory declaration
The whole process is explained in more detail in a Births, Deaths and Marriages brochure ‘Getting Married’.
How do I get a marriage licence?
You have to be at least 16 years old to marry, and if you’re under 18, you need to have signed permission from your parent or guardian on a Consent to Marriage of a Minor form.
A marriage licence is provided by the Department of Internal Affairs office of Births, Deaths and Marriages. It counts as legal permission from the government of New Zealand for you to be married, and when it is signed in front of two witnesses of sound mind, it makes your marriage official.
To get a licence you need to complete a Notice of Intended Marriage, which can be found online at the Department of Internal Affairs website. Marriage licences cost around $170.00, which you need to pay when you hand in or send in the completed Notice of Intended Marriage.
As part of your application, either you or your partner need to make a statutory declaration – this is a formal statement saying there is no legal reason why the two of you shouldn’t marry, that all your details are true, and that you and your partner are not closely related. The statutory declaration must be signed by either you or your partner in front of a Registrar of Marriages, and standard vows must be made in front of at least two witnesses. You can find the nearest Registrar by contacting the Births, Deaths and Marriages office on 0800 22 52 52.
Once this process is complete, the Registrar will issue your marriage licence within three calendar days. It is valid for three months, and can be picked up from the Registrar’s office, or you can pay to have it couriered to you within 2 weeks. You will need to discuss this with the Registrar’s office.
If you are not currently living in New Zealand, you will have to fill out a ‘Notice of Intended Marriage where both parties are ordinarily resident outside of New Zealand’, which can be found on the Births, Deaths and Marriages website. It works the same way as a Notice of Intended Marriage, but has to be filled out by a Commonwealth Official.
We want to get married in a church, but my fiancée is an atheist. Would we be allowed?
This is a matter that you should take up with the minister or priest of the church you’d like to get married in. Arrange a meeting and explain your situation. It’s up to them whether they agree, and they may set conditions, for example, they may want you both to attend classes about marriage before you get married.
We are a gay couple from overseas. Can we get married in New Zealand?
Under New Zealand law only heterosexual couples can marry, but you can get your relationship formally recognised in what is called a civil union. This is a civil ceremony, in which the union is officially registered. It is not just for gay couples – heterosexual couples may prefer a civil union to marriage.
The office of Births, Deaths and Marriages has a booklet on preparing to enter into a civil union , and has information on their website about:
If you would like to know more about civil unions, and the difference between civil union and marriage, the government beehive website has released a question and answer sheet for the public covering some frequently asked questions.