Family Proceedings Act 1980

42 Orders dissolving marriage or civil union

• (1) An order dissolving a marriage or civil union,—

  • (a) if made by the Family Court in undefended proceedings, shall take effect as a final order on being made; and

  • (b) 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

  • (c) 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.

  (2) 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:

  • (a) the order shall not take effect as a final order while the appeal is pending:

  • (b) if, before the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order at the expiration of 1 month from the date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:

  • (c) if, after the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order on the withdrawal, abandonment, or dismissal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:

  • (d) if the order is set aside or quashed by the High Court, the order shall not take effect as a final order.

  (3) 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.

  (4) 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:

  • (a) the order shall not take effect as a final order while the hearing is pending:

  • (b) 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:

  • (c) if the order is quashed or set aside by the Family Court, the order shall not take effect as a final order.

  Compare: 1963 No 71 ss 18(5), 33, 34

  Section 42 heading: amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

  Section 42(1): replaced, on 1 July 1994, by section 7(1) of the Family Proceedings Amendment Act 1994 (1994 No 32).

  Section 42(1): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

  Section 42(2): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

  Section 42(3): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

  Section 42(4): inserted, on 1 July 1994, by section 7(2) of the Family Proceedings Amendment Act 1994 (1994 No 32).

  Section 42(4): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).