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Family Proceedings Act 1980

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

41: Effect of sexual connection without resumption of cohabitation

You could also call this:

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

Illustration for Family Proceedings Act 1980

If you are in a marriage or civil union and you have sexual connection with your partner, it does not mean you are living together again. This is the case even if you were trying to get back together. You must resume living together for it to be considered that you are no longer living apart, as stated in section 39.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40410.

Topics:
Family and relationships > Marriage and partnerships
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40: Effect of resumption of cohabitation, or

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

41Effect of sexual connection without resumption of cohabitation

  1. For the purposes of section 39, there shall be no presumption that the parties to a marriage or civil union have ceased to live apart by reason of acts of sexual connection between them (whether or not the sole or principal motive was reconciliation) without the resumption of cohabitation.

Notes
  • Section 41 heading: amended, on , pursuant to section 44(2) of the Civil Union Act 2004 (2004 No 102).
  • Section 41: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
  • Section 41: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).