Dissolution of Marriage or Civil Union (Applicant) - Sole Application - Family Violence Fast-Track Pathway (s 39A)

The Process at a Glance: The practitioner gathers evidence of the client's protected person status, verifying that a final protection order is in force and that all appeal rights have expired. The practitioner drafts the fast-track application and supporting affidavit, ensuring that the final protection order is annexed as a formal exhibit. Because direct communication is barred by the protection order, pre-filing correspondence is avoided and service is strictly managed through a professional process server or court bailiff. The registrar assesses the documents without a hearing, and once satisfied, makes the dissolution order. The final dissolution order takes effect after one calendar month, which immediately activates the compressed twelve-month relationship property limitation clock.

Key Legislation and Case Law: Family Proceedings Act 1980 - Section 39A (fast-track dissolution for protected persons under a protection order, removing the two-year separation requirement), Section 39A(5) (evidentiary proof of final order status), Section 39A(6) (appeal rights and child welfare conditions precedent), Section 45 (child arrangements), and Section 182 (court power to inquire into and make trust orders). Family Violence Act 2018 - Section 79 (grounds for protection order) and Section 168 (confidentiality of address). Property (Relationships) Act 1976 - Section 24 (twelve-month relationship property limitation). Oaths and Declarations Act 1957 - Section 2A (remote witnessing via audio-visual link) and Section 9 (authorized witnesses). Family Court Rules 2002 - Form FP 14A and Form FP 14B (fast-track forms) and Rule 337A (proof of protection order). New Zealand Legislation: Family Proceedings Act 1980. Ministry of Justice: Apply for a protection order.

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