Family Proceedings Act 1980

• Jurisdiction: New Zealand
• Reference: 1980 No 94
• Citation: 1980 No 94
• Record Number: DLM39722
• Act Number: 94
• Type of Document: Act

Contenidos

• Family Proceedings Act 1980
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Act to bind the Crown
• Part 1
• 4 Jurisdiction of courts
• 5 Marriage or civil union guidance or counselling organisations
• 6 Maintenance officers
• 7 Functions of maintenance officers
• Part 2
• 7A Definition of marriage
• 8 Duty of legal advisers to promote reconciliation and conciliation
• 9 Requests for counselling
• 10 Counselling where proceedings commenced
• 11 Reference to counsellor
• 12 Duty on counsellors
• 12A Number of sessions of counselling
• 12B Counselling fees and expenses
• 13 Mediation conference
• 14 Procedure at mediation conference
• 15 Power of chairperson to make consent orders
• 16 Proceedings after mediation conference
• 17 Power to require attendance for counselling or mediation
• 18 Privilege
• 19 Duty of courts as to reconciliation and conciliation
• 19A Circumstances where joint counselling not to be required
• Part 3
• 20 Application for separation order
• 21 Power of Family Court to make separation order
• 22 Grounds for separation order
• 23 Effect of separation order
• 24 Discharge of separation order on resumption of cohabitation
• 25 Discharge of separation order by court
• 26 Effect of separation order on property rights
• Part 4
• 27 Application for declaration as to validity of marriage or civil union
• 28 Power of Family Court to make declaration as to validity of marriage or civil union
• 29 Application for order declaring marriage or civil union void
• 30 Power of Family Court to make order declaring marriage or civil union void
• 31 Grounds on which marriage or civil union void
• 32 Application for declaration of presumption of death
• 33 Power of Family Court to make declaration of presumption of death
• 34 Grounds for making declaration of presumption of death
• 35 Evidence of death
• 36 Application of other provisions
• 37 Application for dissolution of marriage or civil union
• 38 Power to make order for dissolution
• 39 Grounds for dissolution
• 40 Effect of resumption of cohabitation
• 41 Effect of sexual connection without resumption of cohabitation
• 42 Orders dissolving marriage or civil union
• 43 Entering new relationship after dissolution
• 44 Recognition of overseas orders
• Part 5
• 45 Arrangements for welfare of children on dissolution
• 46 Reports as to children
• 47 Applications for paternity orders
• 48 Jurisdiction to establish paternity
• 49 Time limit on applications for paternity orders
• 50 Power of Family Court to make paternity orders
• 51 Paternity orders
• 52 Evidence of mother
• 53 False statement in application for paternity order
• 54 Parentage tests
• 55 Contents of report
• 56 Right of examination
• 57 Refusal of parentage tests
• 58 Costs of parentage tests
• 59 Offences relating to parentage tests
• Part 6
• 60 Interpretation
• 61 Application of principles
• 62 Domestic benefit irrelevant
• 63 Maintenance during marriage or civil union
• 64 Maintenance after marriage or civil union dissolved or de facto relationship ends
• 64A Spouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time
• 65 Assessment of maintenance payable to spouse, civil union partner, or de facto partner
• 66 Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners
• 67 Application by either spouse or civil union partner for maintenance during marriage or civil union
• 68 Power of Family Court to make maintenance order in favour of either spouse or civil union partner
• 69 Maintenance order in favour of either spouse or civil union partner
• 70 Order for maintenance after marriage or civil union dissolved or de facto relationship ends
• 70A Effect of entering into new marriage or civil union or de facto relationship
• 70B Restriction on maintenance orders in favour of de facto partners
• 71 Time limit for applying for order against estate of deceased party
• 72 Maintenance of children
• 73 Limitations on liability as father
• 74 Applications for maintenance orders in respect of children
• 75 Power of Family Court to make maintenance orders in respect of children
• 76 Maintenance orders in respect of children
• 77 Contributions by other parent
• 78 Related orders
• 79 Application for maintenance order against natural parent
• 80 Power of Family Court to make maintenance orders against natural parent
• 81 Maintenance order against natural parent
• 82 Interim maintenance
• 83 Registration of maintenance agreements
• 84 Effect of registration
• 85 Maintenance agreements to bind parties
• 86 Registered agreement to operate as bar to order
• 87 Enforcement of agreement in respect of child over 16
• 88 Enforcement against estate of deceased person
• 89 Recovery of arrears on cessation of agreement
• 90 Setting aside and cancelling of registration
• 91 Reports as to maintenance
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