Family Law for New Zealanders in the UK: Recognition on the New Zealand High Commission's Lawyers List

Robert Webster, Partner at Maguire Family Law, dual-qualified in New Zealand and England and Wales.

I am delighted to have recently been included on the New Zealand High Commission's "Lawyers in the UK" list, which is made available to New Zealand citizens seeking legal assistance while living in the United Kingdom.

As the only family solicitor on the list who is based outside London, I am in a somewhat unique position to assist New Zealanders living outside the capital to access specialist family law advice.

As a solicitor dual-qualified in both New Zealand and England and Wales, the appointment is particularly meaningful to me. Having moved from New Zealand to the UK in 2017 and practised family law in both jurisdictions, I regularly assist clients whose lives, assets and families span both countries.

The appointment also provided a timely opportunity to revisit a blog I originally wrote in 2021 comparing the family law systems of England and Wales and New Zealand. Many of the key differences remain, but there have been some important developments since then.

Has England and Wales moved closer to the New Zealand model?

When I wrote the original article in January 2021, England and Wales still operated under the old fault-based divorce system. At the time, separating couples often had to rely on allegations of behaviour or periods of separation to obtain a divorce.

That changed in April 2022 with the introduction of no-fault divorce. Today, neither party needs to blame the other for the breakdown of the marriage. A spouse, or both spouses jointly, can simply confirm that the marriage has irretrievably broken down.

In many respects, this reform brought England and Wales much closer to the approach New Zealand has taken for many years. Important differences remain, however.

Three key differences that still exist

1. Divorce and financial matters remain more closely connected in England and Wales

One of the biggest distinctions continues to be the relationship between divorce and financial claims.

In New Zealand, relationship property disputes can generally be resolved independently of whether the parties actually proceed with a divorce. In England and Wales, financial discussions can begin immediately after separation, but obtaining a binding financial order remains connected to the divorce process itself.

For many international families, understanding this distinction is crucial when considering strategy and timing.

2. New Zealand continues to offer greater protection for de facto relationships

A point that continues to surprise many New Zealanders living in the UK is that England and Wales still does not recognise the concept of a "common law spouse".

In New Zealand, qualifying de facto relationships can attract rights broadly similar to those available to married couples following separation. In England and Wales, cohabiting couples remain in a significantly different position and often have far fewer claims available to them.

This remains one of the most significant differences between the two legal systems. It is worth noting that the UK Government has recently announced a consultation to consider whether changes in the law are required for cohabiting couples. For a closer look at what that consultation means in practice, read our companion article: Cohabitation Law Reform: Your Questions Answered.

3. Separation agreements carry different weight

New Zealand's framework for separation agreements remains more robust than the equivalent position in England and Wales.

Provided statutory requirements are met and both parties receive independent legal advice, relationship property agreements in New Zealand can often achieve a high degree of finality without requiring court approval.

Agreements reached in England and Wales are highly persuasive, but court-approved financial orders continue to provide the greatest certainty and protection.

What hasn't changed?

Despite these differences, the similarities between the two jurisdictions remain striking.

Both legal systems place a strong emphasis on resolving disputes outside court where possible. Most importantly, when children are involved, the welfare and best interests of the child remain the court's paramount consideration.

As someone who has practised family law in both countries, I continue to find that the underlying principles are often more similar than they are different.

Supporting New Zealanders living in the UK

Over the years I have advised New Zealand citizens living throughout England and Wales on issues including:

• Divorce and separation.
• Financial settlements.
• International family law disputes.
• Child arrangements.
• Relocation cases.
• Cohabitation disputes.

Where families have connections to both countries, understanding how each legal system approaches family law can make a significant difference to the advice provided and the outcome achieved.

Why dual qualification matters in international family law cases

Family law issues do not always stop at national borders.

Many of the New Zealand clients I advise in England and Wales have lives that span both countries. They may have married in New Zealand, built a career in the UK, own property in one or both jurisdictions, or be considering a return home with their children following separation. In these situations, understanding the law of only one country is not always enough.

Having practised family law in both New Zealand and England and Wales, I am familiar not only with the legal differences between the two systems, but also with the practical and cultural issues that often arise when families have connections to both countries.

Clients often have questions about:

• Whether proceedings should take place in England and Wales or in New Zealand.
• The treatment of property located in different countries.
• International relocation of children.
• The effect of a New Zealand agreement or court order in England and Wales.
• How the legal rights of cohabiting couples differ between the two jurisdictions.

Specialist advice may still be required from lawyers practising in each country. Having a solicitor who understands both legal systems can often help identify potential issues at an early stage and ensure clients receive advice that reflects the international nature of their circumstances.

As a New Zealand-qualified solicitor practising family law in England and Wales, I am able to offer a perspective that is particularly valuable for New Zealanders living in the UK, and for families whose lives are connected to both countries.

Speak to Robert and our family law team

To discuss your circumstances in confidence, call 01625 544 650 or fill out our contact form.

Recognised by the Legal 500 as a leading family law firm, our head office is in Altrincham, with further offices in Knutsford, Wilmslow, Stockton Heath, Manchester and London (by appointment).

About the author: Robert Webster is a Partner at Maguire Family Law, dual-qualified in New Zealand and England and Wales. He advises on divorce, financial settlements, children law, civil partnership dissolutions, pre and post nuptial agreements, cohabitation agreements and international family law. Robert is listed on the New Zealand High Commission's "Lawyers in the UK" register (Version 21, June 2026).

This article is general information, not legal advice. Every situation is different.