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Family Proceedings Act 1980

Proceedings relating to the status of marriage or civil union - Dissolution of marriage or civil union

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

You could also call this:

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

Illustration for Family Proceedings Act 1980

You can apply to end a marriage or civil union if it has broken down and cannot be fixed. You can make this application on your own or with the other person. The application is made under the ground set out in section 39(1). You can only make this application if at least one of you lives in New Zealand. This is where you or the other person have a home and live in New Zealand. If you and the other person make a joint application, it will be treated as an undefended case for certain parts of the law, including sections 38(2), 42, and 174(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40295.

Topics:
Family and relationships > Marriage and partnerships
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38: Power to make order for dissolution: irreconcilable breakdown, or

"Ending a Marriage or Civil Union When it Has Broken Down"

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

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

  1. An application for an order dissolving a marriage or civil union may be made on the ground set out in section 39(1)—

  2. by either party to the marriage or civil union; or
    1. jointly by both parties to the marriage or civil union.

      1. An application under subsection (1) may be made only where, at the time of the filing of the application, at least one party to the marriage or civil union is domiciled in New Zealand.

      2. For the purposes of sections 38(2), 42, and 174(3), proceedings for an order dissolving a marriage or civil union that are commenced by a joint application shall be treated as undefended proceedings.

      Notes
      • Section 37 heading: replaced, on , by section 5(1) of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).
      • Section 37(1): amended, on , by section 5(2) of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).
      • Section 37(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 37(1)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 37(1)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 37(2): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 37(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 37(3): amended, on , by section 5 of the Family Proceedings Amendment Act 1994 (1994 No 32).