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Family Proceedings Act 1980

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

42: Orders dissolving marriage or civil union

You could also call this:

"When a marriage or civil union officially ends"

Illustration for Family Proceedings Act 1980

When you get an order to dissolve your marriage or civil union, it takes effect at different times. If the Family Court makes the order and no one is defending it, the order takes effect right away. If someone is defending it, the order takes effect one month after it is made. If you appeal to the High Court against the order, it does not take effect until the appeal is finished. You can appeal within the time provided by section 174. If you withdraw your appeal, or it is dismissed, or the order is confirmed, the order takes effect one month after it was made, or right away, depending on when the appeal is finished. If one of the people in the marriage or civil union dies, the order does not take effect. If you ask for a hearing after the order is made, it does not take effect until the hearing is finished. You can ask for a hearing under section 38(3). If the order is confirmed, it takes effect right away, but if it is quashed, it does not take effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40414.

Topics:
Family and relationships > Marriage and partnerships
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Part 4Proceedings relating to the status of marriage or civil union
Dissolution of marriage or civil union

42Orders dissolving marriage or civil union

  1. An order dissolving a marriage or civil union,—

  2. if made by the Family Court in undefended proceedings, shall take effect as a final order on being made; and
    1. if made in defended proceedings, shall, subject to subsections (2) and (3), take effect as a final order at the expiration of 1 month from the date on which it is made; and
      1. if made by a Registrar in undefended proceedings, shall, subject to subsection (4), take effect as a final order at the expiration of 1 month from the date on which it is made.

        1. Where a party to any defended proceedings for an order dissolving a marriage or civil union appeals to the High Court, within the time provided by section 174, against the making of an order dissolving that marriage or civil union, the following provisions shall apply:

        2. the order shall not take effect as a final order while the appeal is pending:
          1. if, before the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order at the expiration of 1 month from the date on which it was made:
            1. if, after the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order on the withdrawal, abandonment, or dismissal of the appeal or on the confirmation of the order by the High Court, as the case may be:
              1. if the order is set aside or quashed by the High Court, the order shall not take effect as a final order.

                1. Where an order dissolving a marriage or civil union is made in defended proceedings and either of the parties to the marriage or civil union dies, the order shall not take effect as a final order.

                2. Where a party to any undefended proceedings for an order dissolving a marriage or civil union seeks a hearing pursuant to section 38(3), the following provisions shall apply:

                3. the order shall not take effect as a final order while the hearing is pending:
                  1. if the order is confirmed by the Family Court, the order shall take effect as a final order on the confirmation of the order by the Family Court:
                    1. if the order is quashed or set aside by the Family Court, the order shall not take effect as a final order.

                      Notes
                      • Section 42 heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 42(1): replaced, on , by section 7(1) of the Family Proceedings Amendment Act 1994 (1994 No 32).
                      • Section 42(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 42(2): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 42(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 42(4): inserted, on , by section 7(2) of the Family Proceedings Amendment Act 1994 (1994 No 32).
                      • Section 42(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).