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Separation Orders: Old-fashioned and hardly ever used

What is a Separation Order?

Family Proceedings Act 1980, ss 20–23

The law dealing with couples and break-ups still formally includes the concept of a “Separation Order”. This is an order made by a Family Court Judge saying that there’s such a “state of disharmony” between a married or civil union couple that there’s now no “obligation” for them to live together.

Separation Orders are now almost never made, as they’re an old-fashioned concept that has little relevance to modern New Zealand life. It’s unlikely that any court today would ever recognise that two people have a legal “obligation” to live together, whether or not a Separation Order has been made. However, separation agreements (see above) continue to be used as a practical way for couples to record the decisions they make when they split up.

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Relationships and break-ups

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Births, Death & Marriages (Department of Internal Affairs)

www.govt.nz/organisations/births-deaths-and-marriages

This website has information about marriages and civil unions. On this site you can also apply online for a marriage licence or download the application forms.

Family Court

www.justice.govt.nz/family/separation-divorce

This Family Court webpage provides a range of information relevant to adult relationships, including information on separation, dissolution, relationship property and the court processes that apply in those areas. You can access pamphlets online, as well as Family Court forms such as Dissolution of Marriage Application packs.

Family Court fee waiver forms

Family Court fee waiver (or refund) forms are available here:

www.justice.govt.nz/courts/going-to-court/court-fees/apply-for-help-to-pay-court-fees

New Zealand Law Society

www.lawsociety.org.nz/for-the-public/common-legal-issues

Pamphlets

  • Living together
  • Dividing up relationship property
  • What happens to your children when you part?
  • What happens when your relationship breaks up?

You can access pamphlets online or order hard copies from the New Zealand Law Society.

Phone: (04) 472 7837

Email: pamphlets@lawsociety.org.nz

Work and Income

www.workandincome.govt.nz

Relationships often have a significant impact on personal finances. For information on how your changing relationship status might affect what benefits you are entitled to, contact Work and Income.

Phone: 0800 559 009

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