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Family Proceedings Act 1980

Proceedings relating to the status of marriage or civil union - Validity of marriage or civil union

27: Application for declaration as to validity of marriage or civil union

You could also call this:

"Checking if a marriage or civil union is valid or properly ended"

Illustration for Family Proceedings Act 1980

You can ask for a declaration about whether a marriage or civil union is valid. You can also ask if a marriage or civil union has been properly ended. You can make this application even if you are not part of the marriage or civil union. You can make this application on its own or with other claims under the Family Proceedings Act. You can do this no matter where you live or where the marriage or civil union took place.

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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=DLM40263.

Topics:
Family and relationships > Marriage and partnerships
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28: Power of Family Court to make declaration as to validity of marriage or civil union, or

"The Family Court can decide if a marriage or civil union is valid."

Part 4Proceedings relating to the status of marriage or civil union
Validity of marriage or civil union

27Application for declaration as to validity of marriage or civil union

  1. An application for a declaration whether, according to the law of New Zealand,—

  2. a marriage or civil union is valid; or
    1. a marriage or civil union has been validly dissolved—
        1. may be made by any person, whether or not that person is a party to the marriage or civil union, or is domiciled or resident in New Zealand, and whether or not the marriage or civil union was solemnised in New Zealand.

      1. An application under this section may be made whether or not any other relief is claimed under this Act.

      Notes
      • Section 27 heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 27(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 27(1)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 27(1)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).