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

• (a) where at the commencement of the proceedings, any party to the proceedings resides or is domiciled in New Zealand:

• (b) in the case of proceedings relating to a child, where at the commencement of the proceedings—

  • (i) any party to the proceedings resides or is domiciled in New Zealand; or

  • (ii) the child resides in New Zealand.

(1) The Minister of the Crown who is responsible for the Ministry of Justice may from time to time, by notice in the Gazette, approve any body of persons (whether incorporated or unincorporated) as a marriage or civil union guidance organisation or counselling organisation for the purposes of this Act.

(2) Any approved marriage or civil union guidance organisation or counselling organisation may nominate any person to act as a counsellor under this Act.

(1) In all matters in issue between spouses, civil union partners, or de facto partners that are or may become the subject of proceedings under this Act or the Care of Children Act 2004, every barrister or solicitor acting for either spouse, civil union partner, or de facto partner shall—

• (a) ensure that the spouse, civil union partner, or de facto partner for whom the barrister or solicitor is acting is aware of the facilities that exist for promoting reconciliation and conciliation; and

• (b) take such further steps as in the opinion of the barrister or solicitor may assist in promoting reconciliation or, if reconciliation is not possible, conciliation.

(2) Every barrister or solicitor who—

• (a) is acting for a spouse, civil union partner, or de facto partner; and

• (b) applies to the court to have set down for hearing any matter in issue between the spouses, civil union partners, or de facto partners under this Act or the Care of Children Act 2004—

shall certify on the application that he has carried out his responsibilities under subsection (1).

(1) Either party to a marriage, civil union, or de facto relationship may request a Registrar of a Family Court to arrange counselling in respect of the marriage, civil union, or de facto relationship.

(2) Where a request has been made to a Registrar of a Family Court under subsection (1), the Registrar shall, on the completion by the person making the request of the prescribed form, arrange for the matter to be referred to a counsellor.

(3) [Repealed]

(1) On the filing of an application for a separation order, the Registrar shall arrange for the matter to be referred to a counsellor.

(2) Subsection (1) shall not apply if—

• (a) the Registrar is satisfied that, not more than 12 months before the date of the application, either—

  • (i) the applicant or the respondent has requested counselling in respect of the marriage or civil union under section 9; or

  • (ii) the applicant and the respondent have attended counselling before a counsellor without a request under section 9 having been made; or

• (b) a Family Court Judge gives a direction that the matter be not referred under subsection (1) or that a reference made by the Registrar be revoked.

(3) A direction may be given under subsection (2)(b) if the Family Court Judge is satisfied, on the application of the Registrar or of either party to the marriage or civil union, that—

• (a) the respondent has used violence (within the meaning of section 3(2) of the Domestic Violence Act 1995) against the applicant or a child of the marriage or civil union; or

• (b) delay in hearing the application for a separation order would be undesirable or unlikely to serve a useful purpose; or

• (c) other reasonable cause exists to dispense with a reference to counselling.

(4) On an application under section 67 for a maintenance order or on an application by a party to a marriage, civil union, or de facto relationship for an order under the Care of Children Act 2004 with respect to the role of providing day-to-day care for a child of the marriage, civil union, or de facto relationship, a Family Court Judge may, if he thinks it expedient to do so, and without limiting his power to make an interim maintenance order, direct the Registrar to arrange for the matter to be referred to a counsellor and, on receipt of a direction under this subsection, the Registrar shall refer the matter accordingly.

(5) If, not less than 28 days after the date on which the Registrar has arranged for a matter to be referred to a counsellor under subsection (1) or subsection (4), either party to the marriage, civil union, or de facto relationship requests that the hearing should proceed, the hearing shall be commenced or resumed unless the court otherwise directs.

(6) Nothing in subsection (5) shall prevent the commencement or resumption of the hearing before the expiration of the period of 28 days if the court, upon application made to it, so directs.

(1) A counsellor to whom a matter is referred under section 9 or section 10 shall—

• (a) arrange to meet either or both of the spouses or civil union partners or de facto partners at such times and places (including the home of either party) as the counsellor thinks fit; or

• (b) by letter sent by post request the either or both of the spouses or civil union partners or de facto partners to attend before the counsellor at a specified time and place—

for the purposes of counselling.

(2) As soon as reasonably practicable after the matter has been referred to the counsellor, the counsellor shall submit a written report to the Registrar stating—

• (a) whether or not the parties wish to resume or continue the marriage, civil union, or de facto relationship; and

• (b) if not, whether any understandings have been reached between them on matters in issue.

(3) The Registrar shall give a copy of the report to each party or to each party's barrister or solicitor.

A counsellor to whom a matter is referred under section 9 or section 10—

• (a) shall explore the possibility of reconciliation between the spouses, civil union partners, or de facto partners; and

• (b) if reconciliation does not appear to be possible, shall attempt to promote conciliation between the spouses, civil union partners, or de facto partners.

The number of sessions of counselling to be carried out pursuant to section 9 or section 10 or section 19 shall be determined in accordance with such regulations as may be made under this Act or, if no regulations apply, by the Registrar or the court.

Fees in respect of counselling services carried out pursuant to section 9 or section 10 or section 19, and reasonable expenses incurred,—

• (a) may be determined in accordance with regulations made under this Act; and

• (b) are payable out of public money appropriated by Parliament for the purpose.

(1) Where any of the following applications has been made in a Family Court, either party to the proceedings, or a Family Court Judge, may ask the Registrar of the court to arrange for a mediation conference to be convened:

• (a) an application for a separation order:

• (b) an application for a maintenance order:

• (c) an application by one parent of a child against the other parent under section 48(1) of the Care of Children Act 2004 about the role of providing day-to-day care for the child, or about contact with the child.

(2) On receiving a request under subsection (1), the Registrar must—

• (a) appoint a time and place for the holding of a mediation conference in accordance with section 14; and

• (b) by letters sent by post to each of the parties to the application, inform them of the time and place of the mediation conference and request them to attend.

(3) The time appointed under subsection (2)(a) must be as soon as reasonably practicable.

(1) At each mediation conference a Family Court Judge shall be the chairperson.

(2) The objectives of the conference shall be—

• (a) to identify the matters in issue between the parties; and

• (b) to try to obtain agreement between the parties on the resolution of those matters.

(3) Any barrister or solicitor representing a party may, at the request of that party, be present at the conference to assist and advise that party.

(4) Where the role of providing day-to-day care for, or contact with, a child is in issue at the conference, any barrister or solicitor appointed to represent the child may be present.

(5) Subject to subsections (3) and (4), every mediation conference shall, unless the chairman otherwise directs, be held in private.

(6) The chairperson may from time to time adjourn the conference to a time and place to be appointed by the chairperson.

(7) The chairperson shall record in writing the matters in issue at the conference, showing separately—

• (a) those matters on which agreement is reached between the parties; and

• (b) those matters on which no agreement is reached between the parties—

and the record shall be filed in the District Court in which the relevant proceedings are filed.

(1) Subject to subsection (2), the chairperson presiding at a mediation conference may, by consent of the parties, make any orders that could have been made by a Family Court and that relate to an application by either party for—

• (a) a separation order; or

• (b) the role of providing day-to-day care for any child of the parties, whether or not the child is a child of the marriage, civil union, or de facto relationship, or contact with that child; or

• (c) a maintenance order; or

• (d) the possession or disposition of property under the Property (Relationships) Act 1976.

(2) Where a party has no barrister or solicitor, or a party's barrister or solicitor is not present at the conference, a consent order shall not be made unless that party states expressly that that party does not wish the conference to be adjourned to provide an opportunity for legal advice to be taken.

(3) An order made under this section shall for all purposes have the same effect as if it were made by the consent of the parties in proceedings before a Family Court.

The Family Court Judge who presides over a mediation conference between the parties to an application shall be entitled to hear any subsequent proceedings between those parties under that application unless in all the circumstances he decides, on his own motion or on the application of any party,—

• (a) that it would be inappropriate for him to do so; or

• (b) that there is some other sufficient reason for the application to be heard by another Judge.

(1) Where a person fails to comply with—

• (a) a request under section 11(1)(b) to attend before a counsellor; or

• (b) a request under section 13(2)(b) to attend a mediation conference—

a District Court Judge may, on the request of a counsellor or Registrar, issue a summons requiring the person to attend before the counsellor or to attend a mediation conference at a time and place to be specified in the summons.

(2) Section 159 of the Criminal Procedure Act 2011 applies to a summons under this section as if it were a witness summons issued under that section.

(1) No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made—

• (a) to a counsellor exercising his functions under this Part; or

• (b) in the course of a mediation conference.

(2) Nothing in subsection (1) shall apply to a record made by a Family Court Judge under section 14(7), or to any consent order made under section 15, or to any proceedings for the review of such an order.

(3) Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that counsellor's functions, every counsellor commits an offence and is liable on conviction to a fine not exceeding $500 who discloses to any other person any information, statement, or admission received by or made to the counsellor in the exercise of the counsellor's functions under this Part.

(1) In all proceedings under this Act between spouses or civil union partners (other than proceedings under section 27 or section 29 or section 32), and in all proceedings under the Care of Children Act 2004 between spouses, civil union partners, or de facto partners for any order about the role of providing day-to-day care for a child, or about contact with a child, the court shall—

• (a) consider from time to time the possibility of a reconciliation between the spouses, civil union partners, or de facto partners, or of conciliation between them on any matter in issue; and

• (b) take such further steps as in its opinion may assist in promoting reconciliation or, if reconciliation is not possible, conciliation.

(2) In all proceedings under this Act between spouses, civil union partners, or de facto partners for the dissolution of their marriage or civil union, where it appears to the court from the nature of the case, the evidence, or the attitude of either or both of the spouses, civil union partners, or de facto partners, that there is a reasonable possibility of a reconciliation between them, or of conciliation between them on any matter in issue, the court may—

• (a) adjourn the proceedings to afford the spouses, civil union partners, or de facto partners an opportunity for reconciliation, or for conciliation; and

• (b) nominate a counsellor or, in special circumstances, any other suitable person, to explore the possibility of reconciliation or, if reconciliation does not appear to be possible, to attempt to promote conciliation.

(3) Where, not less than 28 days after any proceedings have been adjourned under subsection (2), either spouse, civil union partner, or de facto partner so requests, the hearing shall, unless the court otherwise directs, be resumed.

(4) Where the court considers that special circumstances exist, the court may, on the application of either spouse, civil union partner, or de facto partner, resume the hearing before the expiration of the period of 28 days mentioned in subsection (3).

(1) Notwithstanding anything in this Part, a party to a marriage, civil union, or de facto relationship shall not be required, under any provision of this Part, to attend counselling at which the other party to the marriage, civil union, or de facto relationship is also present, in any case where the other party to the marriage, civil union, or de facto relationship has used violence (within the meaning of section 3(2) of the Domestic Violence Act 1995) against the first-mentioned party, or against a child of the marriage, civil union, or de facto relationship.

(2) Nothing in this section prevents the provision of counselling in the circumstances referred to in subsection (1) with the agreement of the first-mentioned party.

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 a Family Court.

In proceedings for a separation order, a 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.

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

• (a) the married couple, or the civil union partners, with the free consent of both parties, have resumed cohabitation as a married couple or as civil union partners; or

• (b) the order is discharged by the court under section 25.

(2) Without limiting the provisions of paragraph (a) of subsection (1), either spouse, or either civil union partner, may apply to a 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.

(1) Subject to subsection (2), a 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.

(2) 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.

(1) 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.

(2) Notwithstanding subsection (1),—

• (a) in any case to which that subsection applies the High Court, on the application of the survivor made within the time specified in the Family Protection Act 1955 in relation to applications under that Act, may, at its discretion, order that such provision as the court thinks fit shall be made for the survivor out of the estate of the deceased spouse or civil union partner; and

• (b) the provisions of that Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every application under this subsection.

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

• (a) a marriage or civil union is valid; or

• (b) a marriage or civil union has been validly dissolved—

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.

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

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

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

(3) 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—

• (a) where the applicant or the respondent is domiciled or resident in New Zealand at the time of the filing of the application; or

• (b) where the marriage or civil union was solemnised in New Zealand.

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

(1) 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—

• (a) in the case of a marriage or civil union that is governed by New Zealand law so far as it relates to capacity to marry—

  • (i) at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or

  • (ii) by reason of duress, mistake, or insanity, or for any other reason, there was at the time of the marriage or civil union an absence of consent by either party to marriage or civil union to the other party; or

  • (iii) the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 of the Marriage Act 1955, and no order is in force under section 15(2) of that Act dispensing with the prohibition; or

  • (iv) the parties to the civil union are within the prohibited degrees of civil union set out in Schedule 2 of the Civil Union Act 2004, and no order is in force under section 10 of that Act dispensing with the prohibition; or

• (b) in the case of a marriage or civil union that is governed by New Zealand law so far as it relates to the formalities of marriage or civil union, the parties knowingly and wilfully married without a marriage or civil union licence, or in the absence of a marriage or civil union celebrant or Registrar of Marriages, in contravention of the Marriage Act 1955; or

• (c) in the case of a civil union that is governed by New Zealand law so far as it relates to the formalities of civil union, the parties knowingly and wilfully entered into a civil union without a licence, or in the absence of a Registrar (as defined in section 3 of the Civil Union Act 2004) or civil union celebrant, or otherwise than in accordance with the rules and procedures of an exempt body (as also defined in section 3 of that Act).

(2) 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 a 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 a Family Court.

In proceedings on an application under section 32, a 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.

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

• (a) by either party to the marriage or civil union; or

• (b) jointly by both parties to the marriage or civil union.

(2) 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.

(3) 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.

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

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

• (a) the proceedings are undefended; and

• (b) in the case of a joint application, both applicants consent to the order being made in their absence; and

• (c) in the case of an application other than a joint application, the applicant consents to the order being made in his or her absence and the respondent has not requested an appearance; and

• (d) the application for the order is accompanied by an affidavit stating—

  • (i) that the ground for the order is established under section 39(2); and

  • (ii) that the provisions of section 45(1A) have been complied with.

(3) 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.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(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.

(1) 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.

(2) 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.

(1) 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—

• (a) one or both of the parties were domiciled in that country at the time of the decree, order, or enactment; or

• (b) that overseas court or legislature or public authority has exercised jurisdiction—

  • (i) in any case, on the basis of the residence of one or both of the parties to the marriage or civil union in that country, if, at the commencement of the proceedings, any such party had in fact been resident in that country for a continuous period of not less than 2 years; or

  • (ii) in any case, on the basis that one or both of the parties to the marriage or civil union are nationals or citizens of that country or of any sovereign State of which that country forms part; or

  • (iii) in any case, on the basis that the spouse or civil union partner has been deserted by his or her spouse or civil union partner, or that one spouse or civil union partner has been deported and the other spouse or partner was, immediately before the desertion or deportation, domiciled in that country; or

  • (iv) in any case, on the basis that the spouses or civil union partners were legally separated, whether by an order of a competent court or by agreement, and that one of the spouses or partners was, at the date of the order or agreement, domiciled in that country; or

  • (v) in a case of nullity of marriage or civil union on any ground existing at the time of the marriage or civil union, on the basis of the celebration of the marriage or civil union in that country; or

• (c) the decree or order or enactment is recognised as valid in the courts of a country in which at least one of the parties to the marriage or civil union is domiciled.

(2) 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.

(1) A Family Court shall not make an order dissolving a marriage or civil union unless it is satisfied that—

• (a) 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; or

• (b) it is impracticable for the party or parties appearing before the court to make any such arrangement; or

• (c) there are special circumstances justifying the making of an order dissolving the marriage or civil union, notwithstanding that the court is not satisfied that any such arrangements have been made.

(1A) 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.

(2) A 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.

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

• (a) any provision of subsections (1), (1A), and (2) has not been complied with; or

• (b) any information that is relevant for the purposes of those subsections has not been supplied to the court; or

• (c) any information that has been supplied is incomplete, incorrect, or misleading; or

• (d) any undertaking that is given under subsection (2) has not been carried out.

(1) 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.

(2) The social worker shall report accordingly.

(3) The Registrar of the court shall give a copy of the report—

• (a) to every barrister or solicitor appearing for a party to the proceedings; and

• (b) to any barrister or solicitor representing a child who is involved in the proceedings; and

• (c) where a party to the proceedings is not represented by a barrister or solicitor, to that party.

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

(5) 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.

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

• (a) in any case, by the mother of the child; or

• (b) where the mother is under the age of 16 years, by any person having custody of, or who has the role of providing day-to-day care for, the mother; or

• (c) with the consent in writing of the mother, by a social worker; or

• (d) where the child has been born, and the mother is dead, or has abandoned the child, or is for any reason unable to make an application herself,—

  • (i) by a parent of the mother; or

  • (ii) by a guardian of the child; or

  • (iii) by a social worker; or

  • (iv) with the leave of the court, by any other person.

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

• (a) is not married to, or in a civil union with, the mother; and

• (b) has never been married to, or in a civil union with, the mother or (if he has been married to, or in a civil union with, the mother) whose marriage or civil union was dissolved before the conception of the child.

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—

• (a) the mother of the child resides or is domiciled in New Zealand; or

• (b) the respondent in the proceedings resides or is domiciled in New Zealand; or

• (c) the mother is dead and the child resides in New Zealand.

(1) 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.

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

• (a) where at any time within the 2 years immediately preceding the making of the application, the respondent has—

  • (i) contributed to or made provision for the maintenance of the child; or

  • (ii) lived with the mother as if he were her husband or civil union partner; or

• (b) where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child :

• (c) where, at any time before 1 July 1992, the respondent has been named as a liable parent for the purposes of sections 27I to 27ZI of the Social Security Act 1964, and the bringing of an application for a paternity order is subsequently necessary as a consequence of the enactment of the Child Support Act 1991.

(3) 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.

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

(2) 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.

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

• (a) must, if it is satisfied that the respondent is the father of the child, make an order declaring that the respondent is the father of the child; and

• (b) may, if it is satisfied (either on its own initiative or on an application for the purpose by a party to the proceedings) that the respondent is not the father of the child, make an order declaring that the respondent is not the father of the child.

(2) 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.

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

(2) 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.

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

• (a) the court may, of its own motion or on the application of a party to the proceedings, recommend that parentage tests be carried out on—

  • (i) the child; and

  • (ii) any person who may be a natural parent of the child—

  and that a report of the results be compiled, by a person who is qualified to compile such a report, and submitted to the court; and

• (b) whether or not the court has made a recommendation under paragraph (a), the court may, of its own motion or on the application of a party to the proceedings, adjourn the proceedings in order to allow time for such parentage tests to be carried out and for such a report to be compiled and submitted to the court.

(2) For the purposes of this section—

• (a) parentage tests may be carried out by any person or persons who are qualified to do so, whether or not any of them is the person by whom the report is compiled; and

• (b) the consent of a minor who has attained the age of 16 years to submit to parentage tests shall have the same effect as the consent of a person of full age.

(1) A report on parentage tests—

• (a) shall state the qualifications of the person making the report; and

• (b) shall include or be accompanied by a statement showing the circumstances in which a blood sample or buccal sample was taken from each person to whom the report relates, and the manner in which that person was separately identified from each other person to whom the tests relate; and

• (c) must state the systems used to analyse the blood sample or buccal sample, for example,—

  • (i) any of the following systems for analysing blood samples, namely, ABO, Rh, MNSs, Duffy, Kidd, Kell, Haptoglobins, Gc's, and phosphoglucomutase; or

  • (ii) a system of comparison of DNA profiles for analysing blood samples or buccal samples; and

• (d) [Repealed]

• (e) shall state the results of the parentage tests; and

• (f) shall state, in relation to each person to whom the report relates (other than the child), whether the results of the parentage tests show that the person is not a natural parent of the child.

(2) 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.

(3) 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.

(4) 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—

• (a) the person who has compiled the report; and

• (b) any other person who has done anything necessary for the carrying out of the parentage tests or for the preparation of the report.

(1) 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).

(2) 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,—

• (a) personates any other person; or

• (b) with intent to deceive, proffers a child that is not the child whose natural parentage is in issue in the proceedings.

(1) 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.

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

• (a) means a child of both de facto partners; and

• (b) includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of the proceedings, whichever occurred first.

(3) In this Part,—

• (a) a reference to a marriage or civil union includes a reference to a void marriage or civil union; and

• (b) a reference to the dissolution of a marriage or civil union includes a reference to an order declaring a marriage or civil union to be void ab initio.

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.

(1) 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).

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

• (a) the ability of the parties to be or to become self-supporting, having regard to—

  • (i) the effects of the division of functions within the marriage or civil union while the parties are living together or lived together:

  • (ii) the likely earning capacity of each party:

  • (iii) any other relevant circumstances:

• (b) the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage or civil union after the parties ceased to live together:

• (c) the standard of living of the parties while they are living together or lived together:

• (d) any physical or mental disability:

• (e) any inability of a party to obtain work that—

  • (i) it is reasonable in all the circumstances for that party to do; and

  • (ii) is adequate to provide for that party:

• (f) the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party—

  • (i) because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that party; or

  • (ii) because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training.

(3) 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.

(1) 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).

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

• (a) the ability of the spouses, civil union partners, or de facto partners to become self-supporting, having regard to—

  • (i) the effects of the division of functions within the marriage or civil union or de facto relationship while the spouses, civil union partners, or de facto partners lived together:

  • (ii) the likely earning capacity of each spouse, civil union partner, or de facto partner:

  • (iii) any other relevant circumstances:

• (b) the responsibilities of each spouse, civil union partner, or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or civil union or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or civil union or (as the case requires) the de facto partners ceased to live together:

• (c) the standard of living of the spouses, civil union partners, or de facto partners while they lived together:

• (d) the undertaking by a spouse, civil union partner, or de facto partner of a reasonable period of education or training designed to increase the earning capacity of that spouse, civil union partner, or de facto partner or to reduce or eliminate the need of that spouse, civil union partner, or de facto partner for maintenance from the other spouse, civil union partner, or de facto partner if it would be unfair, in all the circumstances, for the reasonable needs of the spouse, civil union partner, or de facto partner undertaking that education or training to be met immediately by that spouse, civil union partner, or de facto partner—

  • (i) because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that spouse, civil union partner, or de facto partner; or

  • (ii) because that spouse, civil union partner, or de facto partner has previously maintained or contributed to the maintenance of the other spouse, civil union partner, or de facto partner during a period of education or training.

(3) 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.

(4) Except as provided in this section and section 64A,—

• (a) neither party to a marriage or civil union is liable to maintain the other party after the dissolution of the marriage or civil union:

• (b) neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together.

(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,—

• (a) each spouse, civil union partner, or de facto partner must assume responsibility, within a period of time that is reasonable in all the circumstances of the particular case, for meeting his or her own needs; and

• (b) on the expiry of that period of time, neither spouse, civil union partner, or de facto partner is liable to maintain the other under section 64.

(2) 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),—

• (a) it is unreasonable to require party B to do without maintenance from party A; and

• (b) it is reasonable to require party A to provide maintenance to party B.

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

• (a) the ages of the spouses, civil union partners, or de facto partners:

• (b) the duration of the marriage or civil union or de facto relationship:

• (c) the ability of the spouses, civil union partners, or de facto partners to become self-supporting, having regard to—

  • (i) the effects of the division of functions within the marriage or civil union or de facto relationship while the spouses, civil union partners, or de facto partners were living together:

  • (ii) the likely earning capacity of each spouse, civil union partner, or de facto partner:

  • (iii) the responsibilities of each spouse, civil union partner, or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or civil union or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or civil union or (as the case requires) after the de facto partners ceased to live together:

  • (iv) any other relevant circumstances.

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

• (a) for the purposes of subsection (3)(b), the de facto relationship must be treated as if it were part of the marriage or civil union; and

• (b) for the purposes of subsection (3)(c)(i), 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.

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

• (a) in the case of a marriage or civil union, by one spouse or civil union partner for the maintenance of the other spouse or civil union partner (whether during the marriage or civil union or after its dissolution):

• (b) in the case of a de facto relationship, by one de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together.

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

• (a) the means of each spouse, civil union partner, or de facto partner, including—

  • (i) potential earning capacity:

  • (ii) means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976:

• (b) the reasonable needs of each spouse, civil union partner, or de facto partner:

• (c) the fact that the spouse, civil union partner, or de facto partner by whom maintenance is payable is supporting any other person:

• (d) the financial and other responsibilities of each spouse, civil union partner, or de facto partner:

• (e) any other circumstances that make one spouse, civil union partner, or de facto partner liable to maintain the other.

(3) 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.

(4) 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.

(5) 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.

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

• (a) in the case of a marriage or civil union, the liability of one spouse or civil union partner to maintain the other spouse or civil union partner, and the amount of the maintenance, whether during the marriage or civil union or after its dissolution:

• (b) in the case of a de facto relationship, the liability of one de facto partner to maintain the other de facto partner, and the amount of the maintenance, after the de facto partners cease to live together.

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

• (a) conduct of the spouse, civil union partner, or de facto partner seeking to be maintained that amounts to a device to prolong his or her inability to meet his or her reasonable needs:

• (b) misconduct of the spouse, civil union partner, or de facto partner seeking to be maintained that is of such a nature and degree that it would be repugnant to justice to require the other spouse, civil union partner, or de facto partner to pay maintenance.

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 a Family Court.

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

• (a) an order directing the respondent to pay, for such period as the court thinks fit (but not exceeding the joint lives of the parties), such periodical sum towards the future maintenance of the applicant as the court thinks fit:

• (b) an order directing the respondent to pay such lump sum towards the future maintenance of the applicant as the court thinks fit:

• (c) an order directing the respondent to pay such lump sum towards the past maintenance of the applicant as the court thinks fit.

(2) 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—

• (a) at a future date specified in the order; or

• (b) by instalments specified in the order; or

• (c) on such terms and conditions as the court specifies in the order.

(3) 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.

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

• (a) on or at any time after the making of an order dissolving a marriage or civil union:

• (b) at any time after a de facto relationship ends.

(2) The court may do the following under this section:

• (a) order either party to the proceedings, or the personal representative of either party, to pay to the other party for such term as the court thinks fit (but not exceeding the life of the other party) such periodical sum towards the maintenance of the other party as the court thinks fit:

• (b) make any other order referred to in section 69(1), either instead of or in addition to an order under paragraph (a).

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

(4) 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.

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

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

• (a) 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:

• (b) 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.

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

• (a) 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:

• (b) 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.

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

• (a) an order made under section 70, other than an order referred to in section 69(1)(c):

• (b) any order made under section 99 varying or extending an order to which paragraph (a) applies.

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

(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—

• (a) the court is satisfied—

  • (i) that there is a child of the de facto relationship; or

  • (ii) that the de facto partner seeking the order has made a substantial contribution to the de facto relationship; and

• (b) the court is satisfied that failure to make the order would result in serious injustice to that de facto partner.

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

(1) 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.

(2) Subject to subsection (3), a 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.

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

(4) Where the estate has been distributed before the personal representative receives notice that any application has been made to a 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—

• (a) the distribution shall not be disturbed by reason of the making of the application or any order in respect of the application; and

• (b) no action shall lie against the personal representative for having made the distribution.

(1) On or at any time after making a paternity order in respect of a child that has already been born, a 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.

(2) Subject to subsection (4) a 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.

(3) An order may be made under subsection (2)—

• (a) instead of or in addition to any maintenance order in respect of the child made pursuant to an application under section 74; and

• (b) whether or not the child has already been born; and

• (c) where the child has already been born, whether or not the child is living.

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

• (a) from the birth of the child; or

• (b) where the mother has miscarried, from the date of the miscarriage.

(5) Notwithstanding that a paternity order has not been made by a 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—

• (a) is not married to, or in a civil union with, the mother; and

• (b) has never been married to, or in a civil union with, the mother or (if he has been married to, or in a civil union with, the mother) whose marriage or civil union was dissolved before the conception of the child.

(6) On hearing an application under subsection (5), a 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—

• (a) the natural parents of a child are not married to, or in a civil union with, each other; and

• (b) the natural father of the child is a person who is a parent from whom the payment of child support may be sought in respect of the child under section 6 of the Child Support Act 1991; and

• (c) either natural parent has or has had the role of providing day-to-day care for the child,—

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 a Family Court.

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

• (a) it is desirable, in the interests of providing, or of reimbursing the applicant for having provided, adequate care for the child, to make a maintenance order; and

• (b) it is reasonable to make a maintenance order, having regard to—

  • (i) the means, including the potential earning capacity, of each parent; and

  • (ii) the reasonable needs of each parent; and

  • (iii) the fact that the respondent is supporting any other person; and

  • (iv) the financial and other responsibilities of each parent—

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.

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

(3) 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.

(1) 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.

(2) [Repealed]

(3) [Repealed]

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

(5) 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 a Family Court.

(1) 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 1964 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.

(2) The officer shall report accordingly.

(3) 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.

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

(5) 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.

(1) 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.

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

• (a) to or on behalf of the person for whose maintenance the order is made; or

• (b) to any account in a trading or savings bank standing in the name of any such person; or

• (c) to any other person.

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

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

(5) 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.

(6) 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).

(7) 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.

(8) 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.

(9) 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.

(1) 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.

(2) 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—

• (a) the payment of a periodical sum in respect of periods while that person is receiving care and treatment in such a hospital; and

• (b) the payment of a different periodical sum in respect of periods while that person is not receiving care and treatment in such a hospital.

(1) 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.

(2) 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.

(1) Where a Family Court or a 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:

• (a) an order discharging the maintenance order:

• (b) an order varying or suspending the maintenance order:

• (c) an order temporarily suspending the maintenance order, as to the whole or any part of the money ordered to be paid:

• (d) an order discharging the maintenance order, and substituting in its place a new maintenance order, whether of the same kind or not:

• (e) an order extending the term for which the maintenance order was made.

(2) 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.

(3) 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.

(4) A court may from time to time—

• (a) remit the whole or part of any arrears due under a maintenance order; or

• (b) suspend, on such terms and conditions (if any) as it specifies, the payment of the whole or part of any such arrears—

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

(5) A court may—

• (a) from time to time vary or extend an order made by it under this Act for the giving of security for the payment of maintenance, whether as to the term of the order or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise; or

• (b) discharge an order made by it under this Act for the giving of such security.

(6) 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.

(1) 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.

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

• (a) it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience to the order; and

• (b) those proceedings may be taken in the same manner as if that money had not been paid.

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

(4) 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.

(5) [Repealed]

(1) 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.

(2) 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.

Without limiting section 101 or section 110 (as saved by section 259(1) of the Child Support Act 1991), where any payment under a maintenance order is in arrear and unpaid, the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 may issue a deduction notice under section 86A of the Social Security Act 1964 to any person (other than the employer of the person against whom the order was made in the capacity of the employer of that person) as if the payment in arrear and unpaid were a debt due to the Crown under that Act.