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Family Proceedings Act 1980

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

39A: Additional ground for dissolution: protected person under protection order

You could also call this:

"Ending a marriage or civil union due to a protection order"

Illustration for Family Proceedings Act 1980

You can apply to end your marriage or civil union if you have a protection order against your spouse or partner. You do not have to be living apart to make this application. You will need to show the court your protection order to prove your case. You can make this application even if you have not been living apart for two years. The court will look at your protection order and make sure any appeals have been dealt with. They will also check that everything required has been addressed, as stated in section 45. If the court is satisfied with your application, they will make an order to end your marriage or civil union. This order will still be in force even if the protection order is later discharged or cancelled, as explained in section 109 of the Family Violence Act 2018, or if the registration of a foreign protection order is cancelled under section 223 of the Family Violence Act 2018. A protection order is an order made under the Family Violence Act 2018, or a similar order made under the Sentencing Act 2002. You are a protected person if you have a protection order to keep you safe, as defined in section 8 of the Family Violence Act 2018. To prove you are a protected person, you will need to show the court your protection order, or evidence that it has been registered under section 219 of the Family Violence Act 2018 if it is a foreign order. The court will use this information to decide your case. You can apply to end your marriage or civil union if you and your spouse or partner both have protection orders against each other.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532275.

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

39AAdditional ground for dissolution: protected person under protection order

  1. A party to a marriage or civil union (the applicant) may apply for an order dissolving the marriage or civil union on the ground that the applicant is a protected person under a protection order made against the applicant’s spouse or civil union partner.

  2. The parties to a marriage or civil union may apply jointly for an order dissolving the marriage or civil union on the ground in subsection (1) if each party is a protected person under a protection order that is made against the other party.

  3. An application under subsection (1) or (2) may be made only if, at the time of the filing of the application, at least 1 party to the marriage or civil union is domiciled in New Zealand.

  4. The parties to the marriage or civil union need not—

  5. be living apart at the time an application is made under subsection (1) or (2) (the application); or
    1. have been living apart for the period of 2 years immediately before the filing of the application.

      1. The following is sufficient evidence that the applicant is a protected person:

      2. a copy of the protection order; and
        1. if the protection order is a registered foreign protection order, evidence of its registration under section 219 of the Family Violence Act 2018.

          1. A Registrar, or the Family Court, must make an order dissolving the marriage or civil union if satisfied that—

          2. the ground in subsection (1) is established; and
            1. any appeal rights in respect of the protection order have been exhausted or have expired; and
              1. the matters in section 45 have been addressed.

                1. A Registrar may only make an order under subsection (6) if the proceedings are undefended.

                2. An order made under subsection (6) continues in force even if the protection order relied upon to establish the ground in subsection (1)—

                3. is discharged under section 109 of the Family Violence Act 2018:
                  1. is a registered foreign protection order that—
                    1. has its registration cancelled under section 223 of the Family Violence Act 2018:
                      1. ceases to be enforceable in the country in which it was made.

                      2. In this section,—

                        protection order means—

                        1. a final protection order made under the Family Violence Act 2018; or
                          1. a protection order—
                            1. made under section 123B of the Sentencing Act 2002; and
                              1. that becomes a final order under section 123G of the Sentencing Act 2002; or
                              2. a registered foreign protection order

                                  1. protected person and registered foreign protection order have the meanings given in section 8 of the Family Violence Act 2018.

                                  Notes
                                  • Section 39A: inserted, on , by section 8 of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (2024 No 42).