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Family Proceedings Act 1980

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

35: Evidence of death

You could also call this:

"Proving someone is likely dead after 7 years"

Illustration for Family Proceedings Act 1980

When you are applying under section 32, you can use a certain fact as evidence. This fact is that the other person in your marriage or civil union has been away from you for at least 7 years. You also must not have heard anything that makes you think they were alive during that time. You can use this fact to show the other person is likely dead, unless someone proves otherwise. This is how you can use this information in your application. It is a way to help you show what happened to the other person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40289.

Topics:
Family and relationships > Marriage and partnerships
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Part 4Proceedings relating to the status of marriage or civil union
Presumption of death

35Evidence of death

  1. In proceedings on an application under section 32, the fact that for a period of not less than 7 years the party to the marriage or civil union in respect of whom the application has been made has been continuously absent from the applicant, and that nothing has happened within that time to give the applicant reason to believe that the other party was then living, shall be evidence that the other party is dead in the absence of proof to the contrary.

Notes
  • Section 35: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).