Separation Orders

                  Separation Orders - New Zealand

Either party to a marriage or civil union may apply to the Family Court for a separation order and there is only one ground for obtaining a seprartion order – disharmony.

Who Can Get A Separation Order

The application for an order must be heard and decided in the Family Court.  De facto couples cannot apply for such an order, only married couples or partners of a Civil Union may apply.

Separation Order Criteria

The Family Court must be satisfied that the level of disharmony is such that it is unreasonable to require the parties to continue to live together.  If there is no disharmony, then there is no legal right to live apart, and/or break up the home.  There is no absolute clear guideline as to what will be the required level of “disharmony” and what will not.  It is something the courts decide largely on a case by case basis and the Court will take into account all of the circumstances.

Why Get A Separation Order

For those seeking a divorce or dissolution of marriage as it is called today in New Zealand, you must prove that you have been living apart from your spouse for at least two years prior to your application for a dissolution of marriage. A separation order will be useful in divorce proceedings because it provides evidence that you have been living apart from the date that the order was made.

Possible Disadvantages of Applying for a Separation Order

If a level of disharmony was not proved to exist, but the applicant for separation order insisted on living apart, then they would be regarded as the person who breached voluntarily, without sufficient reason, a central obligation of the marriage.  They would then be viewed as the person who broke up the marriage and home for their own purpose.  This could have a bearing in other proceedings such as custody, or disposing of the matrimonial home.

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