If you have a separation order, you do not have to live with your husband or wife, or civil union partner. The order does not change your marriage or civil union, or your rights and responsibilities, except as stated in this Act or other laws. You can find more information about changes to this law in the Civil Union Act 2004.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40248.

Topics:

Family and relationships > Marriage and partnershipsFamily and relationships > Children and parenting

22: Grounds for separation order, or

"When You Can Get a Separation Order"

24: Discharge of separation order on resumption of cohabitation, or

"When you start living together again, a separation order can be stopped."

Part 3Separation

23Effect of separation order

So long as a separation order remains in force, neither party to the marriage or civil union shall be under an obligation to cohabit with the other party, but, except as provided by this Act or any other enactment, the order shall not otherwise affect the marriage or civil union or the status, rights, and obligations of the parties to the marriage or civil union.

Notes

Section 23: amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).