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Family Proceedings Act 1980

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

34: Grounds for making declaration of presumption of death

You could also call this:

"When can you get a divorce if you think your partner is dead?"

Illustration for Family Proceedings Act 1980

You can apply to the Family Court under section 32 to have your marriage or civil union dissolved if you think your partner is dead. The Family Court can make an order saying your partner is presumed dead and your marriage or civil union is dissolved if they are satisfied there are good reasons to think this. You need to show the court that it is reasonable to presume your partner has died.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40287.

Topics:
Family and relationships > Marriage and partnerships
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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."

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35: Evidence of death, or

"Proving someone is likely dead after 7 years"

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

34Grounds for making declaration of presumption of death

  1. In proceedings on an application under section 32, the Family Court, on being satisfied that reasonable grounds exist for presuming that the party to the marriage or civil union in respect of whom the application has been made is dead, may make an order declaring that that party is presumed to be dead and that the marriage or civil union is dissolved.

Notes
  • Section 34: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 34: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).