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Family Proceedings Act 1980

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

40: Effect of resumption of cohabitation

You could also call this:

"What happens if you get back together while getting a divorce?"

Illustration for Family Proceedings Act 1980

If you are getting a divorce or ending a civil union, you might stop living together. You can still try to get back together. If you live together again for a short time, it does not mean you are back together for good. The court will look at why you got back together. If it was just to try to reconcile, it does not count as getting back together. This is for the purposes of sections 24 and 39. You can live together again for up to 3 months and it will not affect your divorce or civil union ending.

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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=DLM40407.

Topics:
Family and relationships > Marriage and partnershipsFamily and relationships > Children and parentingCrime and justice > Courts and legal help
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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"

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41: Effect of sexual connection without resumption of cohabitation, or

"Sex with your partner doesn't mean you're living together again"

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

40Effect of resumption of cohabitation

  1. For the purposes of sections 24 and 39, the parties to a marriage or civil union shall not be held to have ceased to live apart or to have resumed cohabitation by reason of having resumed cohabitation on 1 or more occasions for a period or periods not exceeding in the aggregate 3 months (whether or not there have been acts of sexual connection between the parties) where the court is satisfied that reconciliation was the sole or principal motive for the resumption of cohabitation.

Notes
  • Section 40: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 40: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).