OPINION: Petitioning the House of Representatives to reduce the current mandatory two-year stand down before a divorce dissolution is well and truly overdue.
The world has moved on, yet section 39 in the Family Proceedings Act 1980 is frozen in time and continues to place predominantly women into an irrevocable position of perpetual hardship.
Social legislation like this must liberate all, not emasculate some while empowering others.
In 2021 women have the freedom to choose birth control affording sovereignty over their bodies, yet currently there is no sovereignty over ending a marriage quickly especially if there is a backdrop of abuse.
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I applaud brave Ashley Jones who after her own lived experience is seeking this petition on behalf of so many reeling from complete financial dissipation and disparity due to the consequences of such an archaic rule.
Its original purpose no doubt was ‘working out time’ for a couple. Yet, there is another side to the coin, ‘working out time’ can be used to perpetuate financial abuse.
It can duplicitously shield resources that then takes a Herculean effort to trace and unwind in divorce proceedings well after the horse has bolted. And even then, it may be too late.
While one gets trapped by the rules of the system, another is enabled particularly if they are the settlor of nuptial trusts. It can legally pave the way for resettling and equity evaporating.
Before the last election I mentioned this flaw in my submission to the towering list of proposed amendments to the Property (Relationships) Act 1976 by the New Zealand Law Commission that it tabled in Parliament in 2019. That package of reforms has yet to be enacted by the government.
The Ministry of Justice also needs to lift this handbrake in the FPA to stem the power and dominion tactics that often plunder the fruits of a marriage.
I hope this important petition which closes on June 22 is fast-tracked by minister Kris Faafoi. It is appropriate and a must-do. After all, in 2019 there were 8388 divorces, so it’ll improve the lives of thousands and stop the potential for financial abuse.
Mirroring my own tortuous litigation journey that has been a marathon, the sequencing and process of trying to get legislative change in divorce law has been complex and time consuming.
May this public ask leapfrog to the attention of the government. The societal cost of waiting 24 months far outweighs any benefits of such a patience pause.
Lady Deborah Chambers, QC, called this out too recently saying: "Why on earth do you need two years to reflect to end a marriage? It's slightly patronising, isn't it, that if we got an easy divorce, we'd whiz straight back into another one without a second thought."
In Australia you only wait one year, Aotearoa should be the same, if not faster in the case of abuse. In United States it’s shorter still.
If there is a backdrop of coercive abuse, the wait time should be expedited or at least all the assets frozen, but that takes money to engage proper legal representation.
And chances are if you are a survivor of abuse, funding a lawyer may be a huge barrier in itself.
They say all good things come to those that wait – however, in the case of divorce law - patience is not always a virtue. Delays can cause gross disparity and, in some quarters, promote gross dishonesty through sneaky hide-and-seek manoeuvres.
Let’s abolish this rule. Minister Faafoi, please shake up the break-up law. It’s time.
Sarah Sparks (Te Ātiawa/Ngāti Tama) is a communications director and strategic advisor.
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