38Power to make order for dissolution: irreconcilable breakdown

1. Subject to subsection (2), every application for an order dissolving a marriage or civil union made on the ground set out in section 39(1) must be heard and determined by the Family Court.

2. A Registrar may make an order dissolving a marriage or civil union on the ground set out in section 39(1) if—

3. the proceedings are undefended; and
4. in the case of a joint application, both applicants consent to the order being made in their absence; and
5. in the case of an application other than a joint application, the applicant consents to the order being made in his or her absence and the respondent has not requested an appearance; and
6. the application for the order is accompanied by an affidavit stating—
   1. that the ground for the order is established under section 39(2); and
   2. that the provisions of section 45(1A) have been complied with.

7. If there is a change of circumstances between the time of the filing of the application for the order and the date on which an order made under subsection (2) takes effect as a final order, either party may seek a hearing at any time before the order takes effect as a final order notwithstanding that the person consented to the order being made in his or her absence or did not request an appearance.