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Family Proceedings Act 1980

Separation

25: Discharge of separation order by court

You could also call this:

"Asking the court to cancel a separation order if your situation has changed"

Illustration for Family Proceedings Act 1980

You can ask the Family Court to cancel a separation order. The court can do this if your situation has changed a lot since the order was made. The court will only cancel the order if it thinks it is reasonable to do so. You or the other party can make this request to the court. The court will look at what has changed since the order was made. It will decide if it is fair to cancel the order. The court will not cancel the order if you or the other party has asked for a divorce or dissolution of civil union and it has not been finalised yet.

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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=DLM40254.

Topics:
Family and relationships > Marriage and partnershipsFamily and relationships > Children and parentingCrime and justice > Courts and legal help
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24: Discharge of separation order on resumption of cohabitation, or

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

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26: Effect of separation order on property rights, or

"What happens to property when a separated spouse or partner dies"

Part 3Separation

25Discharge of separation order by court

  1. Subject to subsection (2), the Family Court may, on the application of either party, discharge any separation order if the court is satisfied that the circumstances have so changed since the making of the order that it is reasonable that the order should be discharged.

  2. The court shall not discharge the order if an application for dissolution of marriage or dissolution of civil union has been filed by either party, and is pending.

Notes
  • Section 25(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 25(2): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).