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justice.govt.nz Divorce Application Pack for Both People : New Zealand

Organization : Ministry of Justice
Facility : Divorce (dissolution) Application Pack for Both People
Country : New Zealand
Website : https://www.justice.govt.nz/
Details : https://www.statusin.org/uploads/42429-Divorce.pdf

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Justice Divorce Application Pack for Both People

This application pack is to be used where both parties to a marriage or civil union wish to make an application together to dissolve their marriage or civil union.

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If you want to make an application on your own, you need Dissolution Application Pack 1 – Application by one party for Order dissolving a marriage or civil union.

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This pack provides general information only and is not meant to provide legal advice. If you have a legal issue, you should contact a lawyer for advice. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case.

Court staff can provide you with information about court forms and processes, but they cannot give you legal advice. There is also a glossary of common terms used on the inside back cover of this pack

Who Can Make An Application

An application can be made by one spouse or civil union partner alone, or by both of you together. This application pack is to be used when you are making the application together. To make an application, at least one of you must be domiciled in New Zealand.

You are ‘domiciled’ in New Zealand if
:
** you were born in New Zealand and have not made a home in another country with the intention of living in that country indefinitely, or
** you were born overseas but you have made a home in New Zealand with the intention of living here indefinitely.

Working overseas on a long-term contract does not prevent you from applying for a Dissolution Order as long as you are still domiciled in New Zealand.

The fact that you were married or entered into a civil union in New Zealand is not enough on its own to allow you to apply for a Dissolution Order in New Zealand. At least one party needs to be domiciled in New Zealand when the application is made.

Appearing In Court

It is not necessary to appear in court to get a joint Dissolution Order, however you can choose to appear in court if you want to. If you do choose to appear, both of you must attend the court hearing.

What Forms Are Required

To make a joint application for an Order dissolving a marriage or civil union, you need to complete the following forms :
FP13 : Joint application for Order dissolving marriage or civil union
FP14* : Affidavit to accompany joint application for Order dissolving marriage or civil union
G7 : information sheet to accompany certain applications.
* If you have chosen to appear in court, you do not need to complete the FP14 Affidavit to accompany joint application for Order dissolving marriage or civil union form.

Filing The Application

You must make sure that all of the paperwork is completed correctly before you file your application. You can file your application by hand or by post at any Family Court office.

You need to file the originals of each form. Contact details for the Family Court are available in the blue Government pages at the front of the phone book or from Official Website.

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