Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a client who is a protected person under a final protection order wishes to apply for a dissolution of marriage or civil union under the fast-track family violence pathway. This pathway removes the requirement to prove a two-year separation period and allows the application to be filed even if the parties are still living together.
Jurisdiction: Family Court of New Zealand. This is a fork of the standard sole applicant dissolution plan, specifically engaging Section 39A of the Family Proceedings Act 1980.
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.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Dissolution of Marriage or Civil Union (Applicant) - Sole Application - Family Violence Fast-Track Pathway (s 39A) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Administrative Filing process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Because the dissolution is obtained sooner, the s 24 PRA limitation clock begins running immediately upon finalisation, which can catch survivors of family violence unprepared. Section 182 FPA trust assets must also be identified early.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
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Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.