Subject to sections 27, 29, 32, 37, and 48, the High Court, the District Court, and the Family Court shall have jurisdiction in proceedings under this Act, only—

Either party to a marriage or civil union may apply for a separation order.

Every application for a separation order shall be heard and determined in the Family Court.

In proceedings for a separation order, the Family Court shall make the order if it is satisfied that there is a state of disharmony between the parties to the marriage or civil union of such a nature that it is unreasonable to require the parties to continue, or, as the case may be, to resume, cohabitation with each other.

So long as a separation order remains in force, neither party to the marriage or civil union shall be under an obligation to cohabit with the other party, but, except as provided by this Act or any other enactment, the order shall not otherwise affect the marriage or civil union or the status, rights, and obligations of the parties to the marriage or civil union.

Subject to section 40, a separation order shall cease to have any force or effect if—

Without limiting the provisions of paragraph (a) of subsection (1), either spouse, or either civil union partner, may apply to the Family Court for the discharge of the separation order on the ground that it has ceased to have effect under that paragraph, and, on proof that the order has ceased to have effect as aforesaid, the court shall discharge the order.

Subject to subsection (2), the Family Court may, on the application of either party, discharge any separation order if the court is satisfied that the circumstances have so changed since the making of the order that it is reasonable that the order should be discharged.

The court shall not discharge the order if an application for dissolution of marriage or dissolution of civil union has been filed by either party, and is pending.

If, while a separation order is in force, either spouse or civil union partner dies intestate as to any property, that property shall devolve as if the survivor had predeceased the intestate.

Notwithstanding subsection (1),—

An application for a declaration whether, according to the law of New Zealand,—

may be made by any person, whether or not that person is a party to the marriage or civil union, or is domiciled or resident in New Zealand, and whether or not the marriage or civil union was solemnised in New Zealand.

An application under this section may be made whether or not any other relief is claimed under this Act.

Subject to subsection (2), every application under section 27 shall be heard and determined in the Family Court.

The jurisdiction to make a declaration on an application under section 27 is discretionary, and the Family Court may, on any grounds which it considers sufficient, refuse to make such a declaration.

Section 4 of the Declaratory Judgments Act 1908 shall apply, with the necessary modifications, to every declaration made on an application under section 27.

An application for an order declaring a marriage or civil union to be void ab initio (whether or not the marriage or civil union is governed by New Zealand law) may be made only—

Every application under section 29 shall be heard and determined in the Family Court.

A marriage or civil union that is governed by New Zealand law shall be void ab initio (whether or not an order has been made declaring the marriage or civil union to be void) only where,—

Nothing in subsection (1) shall affect the law as to the validity in New Zealand of a marriage or civil union that is not governed by the law of New Zealand, or the jurisdiction of the Family Court to make an order declaring any such marriage or civil union to be void ab initio.

Any married person, or party to a civil union, who is domiciled in New Zealand may apply for an order declaring that the other party to the marriage or civil union is presumed to be dead and that the marriage or civil union is dissolved.

Every application under section 32 shall be heard and determined in the Family Court.

In proceedings on an application under section 32, the Family Court, on being satisfied that reasonable grounds exist for presuming that the party to the marriage or civil union in respect of whom the application has been made is dead, may make an order declaring that that party is presumed to be dead and that the marriage or civil union is dissolved.

In proceedings on an application under section 32, the fact that for a period of not less than 7 years the party to the marriage or civil union in respect of whom the application has been made has been continuously absent from the applicant, and that nothing has happened within that time to give the applicant reason to believe that the other party was then living, shall be evidence that the other party is dead in the absence of proof to the contrary.

The rules of law relating to an application for an order dissolving a marriage or civil union and to any order dissolving a marriage or civil union shall, as far as they are applicable and with the necessary modifications, apply respectively to an application under section 32 and to an order made under section 34.

An application for an order dissolving a marriage or civil union may be made—

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

For the purposes of sections 38(2), 42, and 174(3), proceedings for an order dissolving a marriage or civil union that are commenced by a joint application shall be treated as undefended proceedings.

Subject to subsection (2), every application for an order dissolving a marriage or civil union shall be heard and determined by the Family Court.

A Registrar may make an order dissolving a marriage or civil union where—

If there is a change of circumstances between the time of the filing of the application for the order and the date on which an order made under subsection (2) takes effect as a final order, either party may seek a hearing at any time before the order takes effect as a final order notwithstanding that the person consented to the order being made in his or her absence or did not request an appearance.

An application for an order dissolving a marriage or civil union may be made only on the ground that the marriage or civil union has broken down irreconcilably.

The ground for the order is established in law if, and only if, the court is satisfied that the parties to the marriage or civil union are living apart, and have been living apart for the period of 2 years immediately preceding the filing of the application for an order dissolving the marriage or civil union; and no proof of any other matter shall be required to establish the ground.

A separation order or a separation agreement (whether made by deed or other writing or orally) in full force for the period of 2 years immediately preceding the filing of an application for an order dissolving a marriage or civil union may be adduced as evidence of living apart for the required period.

Where the ground for the making of the order is established under subsection (2), the court shall, subject to section 45, make an order dissolving the marriage or civil union.

For the purposes of sections 24 and 39, the parties to a marriage or civil union shall not be held to have ceased to live apart or to have resumed cohabitation by reason of having resumed cohabitation on 1 or more occasions for a period or periods not exceeding in the aggregate 3 months (whether or not there have been acts of sexual connection between the parties) where the court is satisfied that reconciliation was the sole or principal motive for the resumption of cohabitation.

For the purposes of section 39, there shall be no presumption that the parties to a marriage or civil union have ceased to live apart by reason of acts of sexual connection between them (whether or not the sole or principal motive was reconciliation) without the resumption of cohabitation.

An order dissolving a marriage or civil union,—

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:

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.

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:

Where an order dissolving a marriage has taken effect as a final order, the parties to the marriage may marry again and may enter into a civil union.

When an order dissolving a civil union has taken effect as a final order, the parties to the civil union may enter into a civil union again and may, if otherwise eligible, enter into a marriage.

The validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union made (whether before or after the commencement of this Act) by a court or legislature or public authority of any country outside New Zealand shall, by virtue of this section, be recognised in all the courts of New Zealand, where—

Nothing in this section shall affect the validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union, or of a dissolution of marriage or civil union otherwise than by judicial process, that would be recognised in the courts of New Zealand otherwise than by virtue of this section.

The Family Court shall not make an order dissolving a marriage or civil union unless it is satisfied that—

A Registrar shall not make an order dissolving a marriage or civil union unless he or she is satisfied that arrangements have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union who is under the age of 16 years (or, in special circumstances, of or over that age) and those arrangements are satisfactory or are the best that can be devised in the circumstances.

The Family Court shall not make an order dissolving a marriage or civil union, in reliance on any special circumstances referred to in subsection (1)(c), unless it has obtained a satisfactory undertaking from either or both of the parties to the proceedings to bring before the court within a specified time the question of the arrangements for every child of the marriage or civil union.

No order dissolving a marriage or civil union shall be invalid solely on the ground that—

In any proceedings under this Act relating to a child the court may request a social worker to submit to the court a written report on the arrangements that are proposed by the parties to the proceedings, or either of them, for the day-to-day care, maintenance, and welfare of the child, and on any other matter that is relevant to the child in the proceedings.

The social worker shall report accordingly.

The Registrar of the court shall give a copy of the report—

Any party may tender evidence on any matter referred to in the report.

At the request of the court, the social worker shall appear as a witness in respect of any matter referred to in or arising out of the report.

An application for a paternity order in respect of a child may be made:

An application for a paternity order in respect of a child may be made only against a male who—

An application for a paternity order in respect of a child (whether it is born, unborn, living, or dead) may be made only where at the time of the filing of the application—

Subject to subsection (2), no application for a paternity order in respect of a child may be made after the expiration of 6 years from the birth of the child.

An application for a paternity order in respect of a child may be made after the expiry of the period specified in subsection (1)—

For the purposes of computing any period specified in this section, no account shall be taken of any period during which the respondent is absent from New Zealand.

Every application for a paternity order in respect of a child shall be heard and determined in the Family Court.

Nothing in subsection (1) or in sections 47, 48, 49, 51, or 52 shall limit the jurisdiction of the High Court to determine the paternity of a child under any other enactment or rule of law.

On hearing an application for a paternity order made under section 47 in respect of a child, the Family Court—

For the purposes of proceedings under section 74, a paternity order in respect of a child shall be conclusive evidence that the person against whom it is made is the father of the child.

The evidence of the mother of a child shall not be necessary for the making of a paternity order in respect of the child.

If the mother of the child gives evidence, no corroboration of her evidence shall be necessary for the making of a paternity order in respect of the child.

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, in any application for a paternity order under this Act, makes any statement that, if made on oath in the proceedings, would amount to perjury as defined in section 108 of the Crimes Act 1961.

In any civil proceedings (whether under this Act or not) in which the parentage of a child is in issue,—

For the purposes of this section,—

A report on parentage tests—

Where parentage tests carried out on a person do not show that the person is not a natural parent of the child, the report may contain an evaluation of the significance of the results of the parentage tests in determining whether that person is a natural parent of the child.

Where a report on parentage tests has been submitted to a court under this section the court may, of its own motion or on the application of a party, obtain from the person by whom the report was compiled a written statement explaining or amplifying any matter in the report.

A written statement so obtained shall be deemed to form part of the report.

Where a report on parentage tests is submitted to a court, the court may on the application of any party summon as a witness in the proceedings—

In any civil proceedings in which the natural parentage of a child is in issue, whether or not the court has recommended under section 54(1) that parentage tests should be carried out on a person, evidence may be given to the court as to the refusal of that person to consent (or, where the person is under 16 years of age, as to the refusal to consent to such parentage tests of the person who is competent to do so on that person’s behalf).

Subject to the right of the person who refuses to consent to the parentage tests to explain the reasons for that person’s refusal, and to cross-examine witnesses and call evidence, the court may draw such inferences (if any) from the fact of refusal as appear to it to be proper in the circumstances.

Where costs are incurred in the taking and testing of blood samples or buccal samples under section 54(1), each party shall, unless the court otherwise directs, be primarily liable to meet his own costs and the costs of any witness called by him; but the costs so incurred shall be costs in the proceedings.

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, for the purpose of the providing of a blood sample or buccal sample for a parentage test, the results of which that person knows are intended to be used in any civil proceedings in which the natural parentage of a child is in issue,—

In this Part, unless the context otherwise requires, de facto partner and de facto relationship have the same meaning as in section 2 of the Property (Relationships) Act 1976.

In this Part, unless the context otherwise requires, child of the de facto relationship,—

In this Part,—

In proceedings under this Part (other than proceedings under section 79 or section 82), the court shall apply the principles set out in sections 62 to 66, and any other rules of law that are not inconsistent with those principles.

Without limiting or affecting the law relating to any other benefit, the liability to maintain any person under this Act is not extinguished by reason of the fact that the person’s reasonable needs are being met by a domestic benefit.

During a marriage or civil union, each party is liable to maintain the other party to the extent that such maintenance is necessary to meet the reasonable needs of the other party, where the other party cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2).

The circumstances referred to in subsection (1) are as follows:

Except as provided in this section, neither party to a marriage or civil union is liable to maintain the other party during the marriage or civil union.

Subject to section 64A, after the dissolution of a marriage or civil union or, in the case of a de facto relationship, after the de facto partners cease to live together, each spouse, civil union partner, or de facto partner is liable to maintain the other spouse, civil union partner, or de facto partner to the extent that such maintenance is necessary to meet the reasonable needs of the other spouse, civil union partner, or de facto partner, where the other spouse, civil union partner, or de facto partner cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2).

The circumstances referred to in subsection (1) are as follows:

For the purposes of subsection (2)(a)(i), if the marriage or civil union was immediately preceded by a de facto relationship between the spouses or civil union partners, the effects of the division of functions within the marriage or civil union include the effects of the division of functions within that de facto relationship.

Except as provided in this section and section 64A,—

If a marriage or civil union is dissolved or, in the case of a de facto relationship, the de facto partners cease to live together,—

Regardless of subsection (1), if a marriage or civil union is dissolved or, in the case of a de facto relationship, the de facto partners cease to live together, one spouse, civil union partner, or de facto partner (party A) is liable to maintain the other spouse, civil union partner, or de facto partner (party B) under section 64, to the extent that such maintenance is necessary to meet the reasonable needs of party B if, having regard to the matters referred to in subsection (3),—

The matters referred to in subsection (2) are as follows:

If the marriage or civil union was immediately preceded by a de facto relationship between the spouses or partners,—

This section sets out the matters that a court must have regard to in determining the amount payable,—

The matters that the court must have regard to are as follows:

In considering the potential earning capacity of each spouse, civil union partner, or de facto partner under subsection (2)(a)(i), the court must have regard to the effects of the division of functions within the marriage or civil union or the de facto relationship while the spouses, civil union partners, or de facto partners were living together.

For the purposes of subsection (3), where the marriage or civil union was immediately preceded by a de facto relationship between the spouses or civil union partners, the effects of the division of functions within the marriage or civil union include the effects of the division of functions within that de facto relationship.

In considering the reasonable needs of each spouse, civil union partner, or de facto partner under subsection (2)(b), the court may have regard to the standard of living of the spouses, civil union partners, or de facto partners while they were living together.

The court may have regard to the matters set out in subsection (2) in considering,—

The matters referred to in subsection (1) are as follows:

Either party to a marriage or civil union may make an application for a maintenance order against the other party to the marriage or civil union on the ground that the respondent is liable to maintain the applicant.

Every application under section 67 shall be heard and determined in the Family Court.

On hearing an application under section 67 the Family Court may, subject to section 61, make any 1 or more of the following orders:

An order under paragraph (b) or paragraph (c) of subsection (1) for the payment of a lump sum may provide that the sum shall be payable—

Subject to any agreement by the parties to the contrary, an order made under subsection (1)(a) or (b), and every order made under section 99 varying or extending such an order, shall cease to have effect if the party in whose favour it is made marries or enters into a civil union.

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

The court may do the following under this section:

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

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.

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

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

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

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

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

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.

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—

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

No order under section 70 shall be sought against the personal representative of a person after the expiration of 12 months from the date of the grant in New Zealand of administration of the deceased person’s estate.

Subject to subsection (3), the Family Court may extend for any further period the time limit specified in subsection (1), after hearing such of the persons affected as it thinks necessary, whether or not the time limit has already expired.

No extension shall be granted under subsection (2) unless the application for an extension is made before the final distribution of the estate.

Where the estate has been distributed before the personal representative receives notice that any application has been made to the Family Court for an extension under subsection (2) and after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1) of the Administration Act 1969—

On or at any time after making a paternity order in respect of a child that has already been born, the Family Court may, if the child is dead, order the respondent to pay such sum as the court specifies, in such manner as the court specifies, in respect of the funeral expenses of the child.

Subject to subsection (4) the Family Court may, on or at any time after making a paternity order in respect of a child, make an order for the payment to the mother of such sum as the court specifies, in such manner as the court specifies, in respect of expenses reasonably incurred by her by reason of the pregnancy and the birth of the child and towards her support during the pregnancy and for such period after the pregnancy (not exceeding 1 month) as the court specifies.

An order may be made under subsection (2)—

No application may be made under subsection (2) after the expiration of 12 months—

Notwithstanding that a paternity order has not been made by the Family Court in respect of a child, an application for any order under subsection (1) or subsection (2) may be made by the mother of that child against a male person who—

On hearing an application under subsection (5), the Family Court may, where it is satisfied that the respondent is a person to whom any of paragraphs (a), (d), (e), or (i) of section 7(1) of the Child Support Act 1991 applies, make any order specified under subsection (1) or subsection (2) of this section against the respondent.

Where—

the natural parent who has or has had the role of providing day-to-day care of the child may apply for a maintenance order in favour of that natural parent against the other natural parent.

Every application under section 79 shall be heard and determined in the Family Court.

On hearing an application under section 79, the court may, if it is satisfied that—

make an order directing the respondent to pay to the applicant, for such period as the court thinks fit, such periodical or lump sum towards the future maintenance of the applicant as the court thinks fit, or such lump sum towards the past maintenance of the applicant as the court thinks fit.

An order made under this section may be made subject to such other conditions as to payment as the court thinks fit.

Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a civil union or a de facto relationship.

Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may make an order directing the respondent to pay such periodical sum as the District Court Judge thinks reasonable towards the future maintenance of the respondent’s spouse, civil union partner, or de facto partner until the final determination of the proceedings or until the order sooner ceases to be in force.

No order made under this section shall continue in force for more than 6 months after the date on which it is made.

An order made under this section may be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court.

In any proceedings under this Act relating to maintenance, the court may request any officer of the department for the time being responsible for the administration of the Social Security Act 2018 to submit to the court a report in writing on the means, earning capacity, and economic circumstances of a party to the proceedings, and on any matter relevant thereto.

The officer shall report accordingly.

The Registrar of the court shall give a copy of the report to every barrister or solicitor appearing for a party in the proceedings or, in the case of a party who is not represented by a barrister or solicitor, to the party.

Any party may tender evidence on any matter referred to in the report.

At the request of the court, the officer making the report shall appear as a witness in respect of any matter referred to in or arising out of the report.

Where an application is made to a court for an order under this Part, the court may make any other order under this Part that it could have made if an application for that other order had been made at the time when the first-mentioned application was made.

The money payable under a maintenance order shall, unless a direction of the court otherwise requires, be payable to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991.

A court may, on or at any time after making a maintenance order, direct that the money payable under the order shall be paid—

All such money shall be payable in accordance with the tenor of the order.

The court may from time to time vary or revoke any direction given by it under this section.

A maintenance order providing for the payment of a lump sum may direct that the money be paid to Public Trust, or to any other trustee approved by the court, to be held and dealt with by Public Trust or the trustee in accordance with the order.

The receipt of the trustee, or of any person authorised by the trustee in that behalf, shall be a complete discharge to the person paying the same for any money paid to the trustee pursuant to any order under subsection (5).

Public Trust must invest all money paid to it under an order under subsection (5) in its common fund, and must apply that money and the income arising from it in accordance with the order.

Proceedings for the enforcement of a maintenance order in respect of which an order is made under subsection (5) may be taken by the person who would have been entitled to take such proceedings if the order under that subsection had not been made, and not by the trustee.

In this section trustee includes Public Trust.

Where a court makes a maintenance order under this Act, the Registrar shall, within 28 days after the day on which the order is made, send a certified or sealed copy of the order to the Commissioner of Inland Revenue.

No maintenance order in favour of a husband or wife or a civil union partner shall be deemed to be discharged by reason only of the dissolution of the marriage between the married couple or the dissolution of the civil union between the civil union partners.

Where an application under section 37 (in this section referred to as the principal relief) has been dismissed after a hearing on the merits, and the court is satisfied that the proceedings for the principal relief were instituted in good faith and that there is no reasonable likelihood of cohabitation being resumed between the parties, the court may make any order under this Part.

The court shall not make an order under subsection (1), other than an order varying, extending, or discharging any such order, unless it has heard the application for the order at the same time as or immediately after the application for the principal relief.

Where a maintenance order is made by a court for the payment of a periodical sum in favour of a person who at the date of the making of the order is receiving care and treatment in a hospital as defined in section 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the order may provide for—

On or at any time after making a maintenance order, a court may order the person by whom maintenance is payable under the order or the personal representative of that person to give such security as the court specifies for the payment of any sum that is to be paid pursuant to the maintenance order.

The court may, for the purposes of subsection (1), direct the Registrar of the court to settle and approve a proper deed or instrument, to be executed by all the necessary parties.

Where any person by whom maintenance is payable under 2 or more maintenance orders makes any payment of part only of the total amount for the time being payable under those orders, the amount of the payment shall be deemed to have been apportioned in the proportions that the amounts payable under the several orders bear to the total amount payable under all of those orders.

Where the Family Court or the District Court is satisfied that it ought to do so having regard to the principles of maintenance set out in sections 62 to 66 and in section 81, the court may from time to time, in respect of any maintenance order, make any of the following orders:

Where a maintenance order is discharged or any such order otherwise ceases to have effect, all arrears due under the order at the time when it was discharged or otherwise ceased to have effect shall, unless and to the extent that they are remitted by a court, be recoverable by the party to whom they are owing as if the order were still in force.

An order under this section varying a maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but is not earlier than the date on which the grounds for the variation arose.

A court may from time to time—

whether or not the order has ceased to be in force.

A court may—

A court may exercise the powers given by this section notwithstanding that the order that is varied, extended, suspended, or discharged was made by consent of the parties.

No money payable under a maintenance order shall be paid more than 12 months in advance of the due date for payment, except with the prior approval of the court by which the order was made.

Where any money is paid in breach of this section, unless the court otherwise decides,—

An approval under subsection (1) or a decision under subsection (2) may be given subject to such conditions as the court thinks fit.

Money paid in breach of this section shall be recoverable as a debt owing to the person who paid it, unless it has been received by the person who is entitled to receive it under the maintenance order.

The provisions of the Child Support Act 1991 shall apply to the manner in which orders made under Part 6 and Part 8 may be enforced on and after 1 July 1992.

If a court makes an order under Part 6 or Part 8, the Commissioner of Inland Revenue must, as soon as practicable, take any action necessary to give effect to the order for the purposes of the Child Support Act 1991.

This section applies to a payment—

The chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 may issue a deduction notice under regulations made under section 444 of that Act to a person as if the payment in arrear and unpaid were a debt due to the Crown under that Act.