Category : News
Author: Dan Satherley

A petition to change New Zealand's "archaic" law preventing victims of domestic violence from divorcing their partners has been launched, attracting more than 1300 signatures in its first few days online.

At present, married or civil union partners have to be officially separated for at least two years before either party can apply for a divorce, formally known as a dissolution. 

"This is due to an archaic law that is founded on protecting the sanctity of marriage," Ashley Jones, the woman behind the petition, said in a post on Facebook

"This may not seem bad to many. But spare a thought for those that have been victims of domestic abuse."

Jones herself said she separated from her abusive partner 15 months ago, but he still "has control over me financially because he has repeatedly refused to and failed to properly engage with a lawyer for separation proceedings, let alone the divorce I will have to file in January 2022".

On the Parliament website, she said abuse was "about power and control".

"We as a country pride ourselves on being anti-domestic violence, yet I feel our laws are allowing it. We care about mental health, but being stuck in this state of limbo is damaging mine. Other countries have made change; it's our turn now."

A number of countries indeed have laws on the books which allow victims of abuse to instantly divorce their partners. A list compiled by Jones and the Women's Refuge shows how far behind New Zealand is. 



In Norway, those on the receiving end of attempted murder, "maltreatment" or even just behaviour that suggests the possibility of either, can get an instant divorce. It's been that way since 1991. 

In Iceland, a divorce can be granted immediately if your partner has an affair or commits sexual violence against you or your children. In the UK physical violence and verbal abuse are grounds for an instant divorce, without a two-year separation. Canadian marriages can be ended if one party is "physically or mentally cruel", and Denmark requires "acts of violence against you or your children".

New Zealand's law has been in place since 1981.

"There are so many countries that have exceptions to the stand-down period for divorce for those that have suffered domestic violence," said Jones. "It's honestly a no-brainer."

As of Saturday morning, the petition had 1582 signatures. It's open until June 22. Jones' local MP, National's Chris Bishop, has agreed to present it to Parliament.  

National Party justice spokesperson Simon Bridges told Newshub the party backs "the intent" of Jones' petition, and would like to take it to select committee.

"No one should be trapped in an abusive relationship nor should their abuser be able to continue that abuse after they have left them. National supports the consideration of ways the law can better protect victims of domestic violence and prevent it in the first place."

Newshub contacted Minister of Justice Kris Faafoi and Minister for Family and Sexual Violence Prevention Marama Davidson for comment, but neither responded. 

 
Article: https://www.newshub.co.nz/home/new-zealand/2021/04/archaic-law-that-forces-victims-to-stay-married-to-abusive-partners-questioned.html
:
Note from Nighthawk.NZ:

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive
 
Powered by OrdaSoft!