Family Proceedings Act 1980

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

36: Application of other provisions

You could also call this:

"Using marriage and civil union rules for presumed death orders"

Illustration for Family Proceedings Act 1980

When you apply for an order to say someone is presumed dead, the same rules that apply to ending a marriage or civil union are used. These rules apply to the application you make under section 32 and to the order made under section 34. You follow these rules as closely as possible, making any necessary changes to fit your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40291.


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35: Evidence of death, or

"Proving someone is likely dead after 7 years"


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37: Application for dissolution of marriage or civil union: irreconcilable breakdown, or

"Applying to end a marriage or civil union that can't be fixed"

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

36Application of other provisions

  1. The rules of law relating to an application for an order dissolving a marriage or civil union and to any order dissolving a marriage or civil union shall, as far as they are applicable and with the necessary modifications, apply respectively to an application under section 32 and to an order made under section 34.

Notes
  • Section 36: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).