Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when both parties to a marriage or civil union wish to apply jointly for a dissolution of marriage in New Zealand. Joint applications are cooperative paper applications that avoid the need for formal service, response tracking, and contested hearings, leading to a faster and less adversarial resolution.
Jurisdiction: Family Court of New Zealand (national jurisdiction). This is a joint application fork of the standard applicant dissolution plan, applying Sections 37 and 39 of the Family Proceedings Act 1980.
The Process at a Glance: The practitioner acts for one party and coordinates with the other party or their solicitor to verify the two-year separation date and New Zealand domicile. If there are children under sixteen, both parties must agree on the day-to-day care, education, and maintenance arrangements, which are detailed in the joint affidavit. The practitioner drafts the joint application and accompanying joint affidavit. Both parties must execute the affidavit, either together or separately before authorized witnesses. The documents are filed at the Family Court registry along with the filing fee. Since the application is joint, service is not required, and the registrar immediately reviews the documents on the papers track. The dissolution order is made and takes effect after one calendar month.
Key Legislation and Case Law: Family Proceedings Act 1980 - Section 37 (jurisdictional gateway), Section 39 (irreconcilable breakdown), Section 38 (two-year separation requirement), Section 42 (final dissolution order effective date), Section 45 (child arrangements), and Section 182 (court power to inquire into and make trust orders). Family Court Rules 2002 - Form FP 13 and Form FP 14 (joint application forms) and Rule 339 (marriage certificate). Property (Relationships) Act 1976 - Section 24 (twelve-month limitation period). Oaths and Declarations Act 1957 - Section 2A (remote witnessing via audio-visual link) and Section 9 (authorized witnesses). New Zealand Legislation: Family Proceedings Act 1980. Ministry of Justice: Apply for a divorce together.
* 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 Family Law: Dissolution of Marriage or Civil Union (Joint Applicants) - Joint Application - Standard Irreconcilable Breakdown (s 37/39) 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.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.