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Family Proceedings Act 1980

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

28: Power of Family Court to make declaration as to validity of marriage or civil union

You could also call this:

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

Illustration for Family Proceedings Act 1980

You can ask the Family Court to decide if a marriage or civil union is valid. The Family Court will hear and decide on your application, but it can refuse the application if it thinks there's a good reason to. The Family Court has the power to make this decision, and it will follow the rules set out in the Declaratory Judgments Act 1908, which you can find on the New Zealand legislation website. You need to apply under section 27 to get a declaration from the Family Court. The Family Court can make a declaration on your application, but it's up to the court to decide. The court's decision will be based on the information you provide in your application. The Family Court is the place where you will have your application heard and decided. The court will consider your application carefully before making a decision. The decision to make a declaration is up to the Family Court, and it will use its discretion when making the decision.

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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=DLM40266.

Topics:
Family and relationships > Marriage and partnershipsCrime and justice > Courts and legal help
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27: Application for declaration as to validity of marriage or civil union, or

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

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29: Application for order declaring marriage or civil union void, or

"Applying to say a marriage or civil union is not valid"

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

28Power of Family Court to make declaration as to validity of marriage or civil union

  1. Subject to subsection (2), every application under section 27 shall be heard and determined in the Family Court.

  2. The jurisdiction to make a declaration on an application under section 27 is discretionary, and the Family Court may, on any grounds which it considers sufficient, refuse to make such a declaration.

  3. Section 4 of the Declaratory Judgments Act 1908 shall apply, with the necessary modifications, to every declaration made on an application under section 27.

Notes
  • Section 28 heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 28(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 28(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).