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Family Proceedings Act 1980

Proceedings relating to the status of marriage or civil union - Presumption of death

32: Application for declaration of presumption of death

You could also call this:

"Applying to say your spouse is presumed dead to end your marriage"

Illustration for Family Proceedings Act 1980

You can apply for an order if you are married or in a civil union and live in New Zealand. You can ask for the court to declare that your spouse or partner is presumed to be dead. This means your marriage or civil union would be dissolved.

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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=DLM40283.

Topics:
Family and relationships > Marriage and partnerships
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31: Grounds on which marriage or civil union void, or

"When a Marriage or Civil Union is Not Allowed"

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33: Power of Family Court to make declaration of presumption of death, or

"The Family Court can decide if someone is presumed dead."

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

32Application for declaration of presumption of death

  1. Any married person, or party to a civil union, who is domiciled in New Zealand may apply for an order declaring that the other party to the marriage or civil union is presumed to be dead and that the marriage or civil union is dissolved.

Notes
  • Section 32: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 32: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).