Ashley’s Law NZ: What Survivors Need to Know Before Filing for Divorce
On 17 October 2025, Ashley’s Law comes into effect — a new pathway designed to help survivors of family harm divorce an abusive partner immediately if they hold a final protection order.
The law was named after Ashley Apperley, a young mum murdered by her estranged husband while waiting out New Zealand’s mandatory two-year separation period. Her death sparked public outcry and calls for reform, leading to the creation of Ashley’s Law so that survivors would never again have to stay legally tied to their abuser.
It’s a law born from tragedy — and a vital step toward giving survivors freedom and safety.
But behind the headlines, there’s a hidden risk that could cost survivors their financial security and property rights.
Freedom shouldn’t come with fine print
Under the normal divorce process, married couples have up to three years to make a relationship property claim (two years of separation plus one year after dissolution).
However, survivors who use Ashley’s Law may have only one year from the date of dissolution to do so — cutting their window by two-thirds.
Relationship property lawyer Sarah Moon from Clean Break warns that while the law looks empowering on paper, the shortened timeframe could leave survivors financially disadvantaged.
“On paper, survivors making these applications look like a no-brainer—as survivors can get a divorce sooner. But the hidden cost is that they lose important time to sort out their property.”
Why timing matters
For most survivors, the first 6–12 months after leaving abuse aren’t about property — they’re about staying alive and starting over.
Safety comes first: getting protection orders, sorting out childcare, finding housing, and trying to recover from trauma.
Expecting survivors to negotiate complex financial settlements in that same window is both unrealistic and unsafe.
As Sarah explains, “Property division usually happens later, when things are calmer and people have the headspace and resources to make good decisions. Ashley’s Law pushes those decisions right into the most chaotic and stressful time.”
My story: peace before fairness
When I left my marriage, I promised to walk away from everything.
I told my ex that if I could leave safely and never have to return overseas, I’d support myself and my daughter financially.
I just wanted to be free. To be safe.
At the time, fairness didn’t matter — peace did.
It’s taken six years for me to rebuild the confidence and sense of self-worth to recognise that I deserved what I was entitled to.
And I see the same story play out again and again.
Women leave abusive or toxic relationships with nothing, sacrificing their financial futures for peace.
It’s not weakness. It’s survival.
But it often leaves them starting again from zero.
Other risks hidden in the law
Even under Ashley’s Law, survivors must still serve their ex with dissolution papers — and the ex can oppose the application. That can reopen conflict and retraumatise survivors.
Once the marriage is dissolved, it also becomes harder to access certain types of spousal maintenance, such as help with legal or professional costs. Survivors could end up covering expensive legal bills on their own at the time they can least afford it.
What needs to change
Clean Break is calling for urgent refinements to ensure Ashley’s Law protects both the safety and the financial wellbeing of survivors.
Their recommendations include:
Restoring a three-year timeframe for property claims
Protecting the right to claim legal and support costs after dissolution
Reducing opportunities for abusers to oppose or delay applications
As Sarah Moon puts it:
“Survivors deserve freedom from abusive relationships, without delay. But they shouldn’t have to trade away their financial rights to get it.”
If you’re considering Ashley’s Law
If you’re a survivor thinking about applying for a divorce under Ashley’s Law:
✅ Seek legal advice early — especially around property and finances
✅ Don’t rush — safety first, but fairness matters too
✅ Reach out for support — from lawyers, advocates, or services experienced in family violence and financial abuse
Leaving is the first step to safety.
But rebuilding your life — and your financial future — takes time, information, and support.
Because survivors deserve more than freedom.
They deserve justice, stability, and the chance to thrive. 💔
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