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Family Proceedings Act 1980

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

39: Ground for dissolution: irreconcilable breakdown

You could also call this:

"Ending a Marriage or Civil Union if it 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 must have been living apart for two years before you can apply. The court will look at this when deciding whether to end the marriage or civil union. You are living apart if you have a separation order or agreement that has been in place for two years. This can be used as evidence that you have been living apart. You can have a separation agreement even if it is not written down. If the court is satisfied that you have been living apart for two years, they will end the marriage or civil union, subject to section 45. This means the court will make a decision based on the information provided. You will need to follow the rules set out in the law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40403.

Topics:
Family and relationships > Marriage and partnershipsFamily and relationships > Children and parenting
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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"

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39A: Additional ground for dissolution: protected person under protection order, or

"Ending a marriage or civil union due to a protection order"

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

39Ground for dissolution: irreconcilable breakdown

  1. An application for an order dissolving a marriage or civil union may be made on the ground that the marriage or civil union has broken down irreconcilably.

  2. The ground for the order is established in law if, and only if, the court is satisfied that the parties to the marriage or civil union are living apart, and have been living apart for the period of 2 years immediately preceding the filing of the application for an order dissolving the marriage or civil union; and no proof of any other matter shall be required to establish the ground.

  3. A separation order or a separation agreement (whether made by deed or other writing or orally) in full force for the period of 2 years immediately preceding the filing of an application for an order dissolving a marriage or civil union may be adduced as evidence of living apart for the required period.

  4. Where the ground for the making of the order is established under subsection (2), the court shall, subject to section 45, make an order dissolving the marriage or civil union.

Notes
  • Section 39: replaced, on , by section 2 of the Family Proceedings Amendment Act (No 2) 1985 (1985 No 85).
  • Section 39 heading: replaced, on , by section 7(1) of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).
  • Section 39(1): amended, on , by section 7(2) of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).
  • Section 39(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 39(2): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 39(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 39(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).