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Family Proceedings Act 1980

Separation

22: Grounds for separation order

You could also call this:

"When You Can Get a Separation Order"

Illustration for Family Proceedings Act 1980

You can get a separation order if the Family Court thinks there is a big problem between you and your partner. This problem must be so bad that it is unfair to expect you to live together. The court will look at how bad the problem is and decide if you should get a separation order.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40246.

Topics:
Family and relationships > Marriage and partnershipsFamily and relationships > Children and parenting
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21: Power of Family Court to make separation order, or

"Family Court can help you with a separation order"

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23: Effect of separation order, or

"What happens when you get a separation order"

Part 3Separation

22Grounds for separation order

  1. In proceedings for a separation order, the Family Court shall make the order if it is satisfied that there is a state of disharmony between the parties to the marriage or civil union of such a nature that it is unreasonable to require the parties to continue, or, as the case may be, to resume, cohabitation with each other.

Notes
  • Section 22: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 22: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).