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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Maintenance of spouses and de facto partners

70: Order for maintenance after marriage or civil union dissolved or de facto relationship ends

You could also call this:

"Getting money to help with living costs after a relationship ends"

Illustration for Family Proceedings Act 1980

You can get a maintenance order after your marriage or civil union is dissolved. The Family Court can make this order at any time after the marriage or civil union ends. You can also get a maintenance order after a de facto relationship ends. You can ask the court to order the other person to pay you money to help with your living costs. The court decides how much money and for how long you get it. The court can also make other orders, like the ones mentioned in section 69(1). If the court orders a lump sum payment, section 69(2) applies. The court's decision is subject to sections 61, 70A, 70B, and 71. The court considers orders from other countries, like a divorce decree, when making its decision, as stated in section 44.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40835.

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69: Maintenance order in favour of either spouse or civil union partner, or

"Getting money from your spouse or partner to help you"

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70A: Effect of entering into new marriage or civil union or de facto relationship, or

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Part 6Maintenance of spouses and de facto partners
Maintenance of spouses and de facto partners

70Order for maintenance after marriage or civil union dissolved or de facto relationship ends

  1. The Family Court may make an order under subsection (2)—

  2. on or at any time after the making of an order dissolving a marriage or civil union:
    1. at any time after a de facto relationship ends.

      1. The court may do the following under this section:

      2. order either party to the proceedings, or the personal representative of either party, to pay to the other party for such term as the court thinks fit (but not exceeding the life of the other party) such periodical sum towards the maintenance of the other party as the court thinks fit:
        1. make any other order referred to in section 69(1), either instead of or in addition to an order under paragraph (a).

          1. Section 69(2) applies to an order under this section for the payment of a lump sum.

          2. In this section, a reference to an order dissolving a marriage or civil union includes a reference to a decree or order or legislative enactment recognised in New Zealand by virtue of section 44, as if that decree or order or legislative enactment were an order of a court of competent jurisdiction in New Zealand.

          3. This section is subject to sections 61, 70A, 70B, and 71.

          Notes
          • Section 70: replaced, on , by section 9 of the Family Proceedings Amendment Act 2001 (2001 No 7).
          • Section 70 heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
          • Section 70(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 70(1)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
          • Section 70(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).