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Family Proceedings Act 1980

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

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

You could also call this:

"What happens to maintenance when you start a new relationship"

Illustration for Family Proceedings Act 1980

If you get married or enter into a civil union with someone else, or start a de facto relationship, the court may not make an order for you to get maintenance from your previous spouse or partner. You can't get maintenance from your previous spouse or partner if you are now with someone else. The court orders that were made to help you will stop if you get married, enter into a civil union, or start a de facto relationship with someone else.

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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=DLM40839.

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

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

70AEffect of entering into new marriage or civil union or de facto relationship

  1. The court may not make an order in proceedings under section 70—

  2. in favour of a party who is seeking maintenance from a spouse or civil union partner to whom they were married, or with whom they were in a civil union, if that party has married or entered into a civil union with someone else or has entered into a de facto relationship with someone else:
    1. in favour of a party who is seeking maintenance from a de facto partner with whom they were living in a de facto relationship, if that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with someone else.

      1. The orders specified in subsection (3) cease to have effect if,—

      2. in the case of an order made in favour of a party against a spouse or civil union partner to whom they were married, or with whom they were in a civil union, that party has married or entered into a civil union with someone else or has entered into a de facto relationship with someone else:
        1. in the case of an order made in favour of a party against a de facto partner with whom they were living in a de facto relationship, that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with someone else.

          1. The orders referred to in subsection (2) are as follows:

          2. an order made under section 70, other than an order referred to in section 69(1)(c):
            1. any order made under section 99 varying or extending an order to which paragraph (a) applies.

              1. Subsection (2) is subject to any agreement by the parties to the contrary.

              Notes
              • Section 70A: inserted, on , by section 9 of the Family Proceedings Amendment Act 2001 (2001 No 7).
              • Section 70A heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
              • Section 70A(1)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
              • Section 70A(1)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
              • Section 70A(2)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
              • Section 70A(2)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).