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Family Proceedings Act 1980

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

70B: Restriction on maintenance orders in favour of de facto partners

You could also call this:

"Rules about money help for partners in short de facto relationships"

Illustration for Family Proceedings Act 1980

You are in a de facto relationship that has not lasted very long, as defined in section 2 of the Property (Relationships) Act 1976. The court cannot make an order to help you financially unless certain conditions are met. You must have a child with your partner or have made a big contribution to the relationship. You are considered to have made a contribution if you have done something significant for your partner, which is explained in section 2 of the Property (Relationships) Act 1976. The court must also think it would be very unfair if they did not help you financially. This means the court has to consider your situation carefully before making a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40848.

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

70BRestriction on maintenance orders in favour of de facto partners

  1. This section applies to a de facto relationship that is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976.

  2. If this section applies to a de facto relationship, the court cannot make an order under section 70 in favour of a de facto partner to that relationship unless—

  3. the court is satisfied—
    1. that there is a child of the de facto relationship; or
      1. that the de facto partner seeking the order has made a substantial contribution to the de facto relationship; and
      2. the court is satisfied that failure to make the order would result in serious injustice to that de facto partner.

        1. In subsection (2)(a)(ii), contribution has the same meaning as it has in section 2 of the Property (Relationships) Act 1976.

        Notes
        • Section 70B: inserted, on , by section 9 of the Family Proceedings Amendment Act 2001 (2001 No 7).