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Family Proceedings Act 1980

Proceedings relating to the status of marriage or civil union - Void marriages and civil unions

29: Application for order declaring marriage or civil union void

You could also call this:

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

Illustration for Family Proceedings Act 1980

You can apply for an order to say a marriage or civil union is void from the start. This can be done if you or the other person live in New Zealand when you make the application. You can also make this application if the marriage or civil union happened in New Zealand.

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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=DLM40270.

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."

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30: Power of Family Court to make order declaring marriage or civil union void, or

"When a marriage or civil union is not valid, the Family Court can say so."

Part 4Proceedings relating to the status of marriage or civil union
Void marriages and civil unions

29Application for order declaring marriage or civil union void

  1. An application for an order declaring a marriage or civil union to be void ab initio (whether or not the marriage or civil union is governed by New Zealand law) may be made only—

  2. where the applicant or the respondent is domiciled or resident in New Zealand at the time of the filing of the application; or
    1. where the marriage or civil union was solemnised in New Zealand.

      Notes
      • Section 29 heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 29: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 29(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).