Family Court Amendment Rules 2025
2025/205
Family Court Amendment Rules 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 22nd day of September 2025
Present:
Her Excellency the Governor-General in Council
These rules are made under section 16A of the Family Court Act 1980 on the advice and with the consent of the Executive Council.
Contents
Rules
1 Title
These rules are the Family Court Amendment Rules 2025.
2 Commencement
These rules come into force on 17 October 2025.
3 Principal rules
These rules amend the Family Court Rules 2002.
4 Rule 8 amended (Interpretation)
In rule 8(1), replace the definition of Registrar’s list of section 37 applications with:
Registrar’s list of applications for dissolution orders means a list on which a Registrar enters applications for an order dissolving a marriage or civil union made under—
(a)
section 37 of the Family Proceedings Act 1980 (that is, applications for a dissolution order: irreconcilable breakdown); and
(b)
section 39A of the Family Proceedings Act 1980 (that is, applications for a dissolution order: protected person under protection order)
5 Rule 21 amended (Special rules relating to affidavits)
(1)
In rule 21(g), replace “an order dissolving a marriage or civil union”
with “a dissolution order: irreconcilable breakdown”
.
(2)
After rule 21(g), insert:
(ga)
applicants for a dissolution order: protected person under protection order, under section 39A of the Family Proceedings Act 1980, must file with the other documents to be filed to make their application an accompanying affidavit (see rule 337):
6 Rule 337 replaced (Accompanying affidavits may be filed to make applications for order dissolving marriage or civil union)
Replace rule 337 with:
337 Accompanying affidavits
Applications for dissolution order: irreconcilable breakdown
(1)
An applicant for a dissolution order: irreconcilable breakdown under section 37 of the Family Proceedings Act 1980 may file, with the other documents to be filed to make the application (see rule 20(1)(c)), an affidavit that, under section 38(2)(d) of that Act, accompanies the application.
(2)
That affidavit must be—
(a)
in form FP 12, if the application is in form FP 11 (application by one party for dissolution order: irreconcilable breakdown):
(b)
in form FP 14, if the application is in form FP 13 (joint application for dissolution order: irreconcilable breakdown).
Applicants for dissolution order: protected person under protection order
(3)
An applicant for a dissolution order: protected person under protection order under section 39A of the Family Proceedings Act 1980 must file with the other documents to be filed to make the application (see rule 20(1)(c)) an affidavit that accompanies the application.
(4)
That affidavit must be—
(a)
in form FP 14B, if the application is in form FP 14A (application by one party for dissolution order: protected person under protection order):
(b)
in form FP 14D, if the application is in form FP 14C (joint application for dissolution order: protected person under protection order).
7 New rule 337A inserted (Copy of protection order must be filed with application for dissolution order: protected person under protection order)
After rule 337, insert:
337A Copy of protection order must be filed with application for dissolution order: protected person under protection order
(1)
An applicant for a dissolution order: protected person under protection order must file a copy of the protection order with the other documents to be filed to make the application.
(2)
The copy of the protection order must be annexed to the affidavit in form FP 14B or form FP 14D (as the case may be) that accompanies the application.
8 Rule 338 amended (Separation order or separation agreement)
In rule 338, replace “Act for an order dissolving a marriage or civil union”
with “Act 1980 for a dissolution order: irreconcilable breakdown”
.
9 Rule 339 amended (Marriage or civil union certificate)
Replace rule 339(1) with:
(1)
The original or a certified copy of the certificate of a marriage or civil union to which an application under section 37 or 39A of the Family Proceedings Act 1980 relates must,—
(a)
if the application is accompanied by an affidavit, be annexed to that affidavit:
(b)
in any other case, be lodged in the office of the court—
(i)
at the time of the filing of the documents required to be filed to make the application (see rule 20(1)(d)); or
(ii)
at another time a Registrar may direct.
10 Rule 347 replaced (Request for hearing before order dissolving marriage or civil union made)
Replace rule 347 with:
347 Request for hearing before dissolution order: irreconcilable breakdown made
(1)
This rule applies if—
(a)
a party has filed an application under section 37 of the Family Proceedings Act 1980 for a dissolution order: irreconcilable breakdown; and
(b)
before the order has been made, the party seeks a hearing under section 38(3) of that Act.
(2)
The party must file in court a request for a hearing in form FP 20.
Compare: SR 1981/261 r 27D
11 Rule 348 amended (Filing of request for appearance, or request for hearing by respondent, if application for dissolution of marriage or civil union by one party only)
(1)
In the heading to rule 348, replace “dissolution of marriage or civil union by one party only”
with “dissolution order: irreconcilable breakdown by one party only”
.
(2)
In rule 348(1)(a), replace “application for an order dissolving a marriage or civil union”
with “application under section 37 of the Family Proceedings Act 1980 for a dissolution order: irreconcilable breakdown”
.
12 Rule 351 amended (Restrictions on fixing date and time for hearing)
In rule 351, replace “section 32 or 37 of the Family Proceedings Act”
with “section 32, 37, or 39A of the Family Proceedings Act 1980”
.
13 Rule 352 amended (Fixing date and time for hearing: notice of defence filed)
In rule 352(1), replace “section 32 or 37”
with “section 32, 37, or 39A”
.
14 Rule 353 amended (Fixing date and time for hearing: no notice of defence filed)
In rule 353, replace “section 32 or 37 of the Family Proceedings Act”
with “section 32, 37, or 39A of the Family Proceedings Act 1980”
.
15 Rule 354 amended (Fixing date and time for hearing of application for declaration or order dissolving marriage or civil union)
In rule 354(2), replace “Act (that is, an application for an order dissolving a marriage or civil union)”
with “Act 1980 (that is, an application for a dissolution order: irreconcilable breakdown)”
.
16 Rule 355 replaced (Registrar’s list of section 37 applications (for order dissolving marriage or civil union))
Replace rule 355 with:
355 Registrar’s list of applications for dissolution orders: irreconcilable breakdown
(1)
If an application under section 37 of the Family Proceedings Act 1980 is made in the court, a Registrar of the court must, instead of fixing a date and time for the hearing of the application, enter the application on the Registrar’s list of applications for dissolution orders if, at the time that the application is filed,—
(a)
in the case of an application other than a joint application,—
(i)
the applicant consents to the order being made in the applicant’s absence; and
(ii)
the application is accompanied by the affidavit required by section 38(2)(d) of that Act, namely an affidavit in form FP 12; and
(b)
in the case of a joint application,—
(i)
both applicants consent to the order being made in their absence; and
(ii)
the application is accompanied by the affidavit required by section 38(2)(d) of that Act, namely an affidavit in form FP 14.
(2)
A Registrar may make a dissolution order: irreconcilable breakdown to which an application on the Registrar’s list of applications for dissolution orders relates if—
(a)
the respondent does not file a notice of defence to the application within the time specified in or under rule 41; and
(b)
the respondent does not file a request for an appearance in relation to the application within the time specified in or under rule 346; and
(c)
by the time at which the Registrar processes the list of applications on which the application appears, the Registrar has not received a request for a hearing in form FP 20.
(3)
A Registrar must not make an dissolution order: irreconcilable breakdown to which an application on the Registrar’s list of applications for dissolution orders relates if—
(a)
the respondent files a notice of defence to the application within the time specified in or under rule 41; or
(b)
the respondent files a request for an appearance in relation to the application for the order within the time specified in or under rule 346; or
(c)
by the time at which the Registrar processes the list on which the application appears, the Registrar has received a request for a hearing in form FP 20.
(4)
If subclause (3) applies, the Registrar must—
(a)
fix a date and time for the hearing of the application; and
(b)
give the parties notice of the date and time fixed for the hearing of the application.
(5)
A Registrar may, by telephone or any other means the Registrar thinks fit, change, to a later date, the date fixed for the hearing under subclause (4).
Compare: SR 1981/261 r 32D
355A Registrar’s list of applications for dissolution orders: protected person under protection order
(1)
If an application under section 39A of the Family Proceedings Act 1980 is made in the court, a Registrar of the court must, instead of fixing a date and time for the hearing of the application, enter the application on the Registrar’s list of applications for dissolution orders if, at the time that the application is filed,—
(a)
in the case of a joint application, the application is accompanied by the affidavit, namely an affidavit in form FP 14D:
(b)
in the case of an application other than a joint application, the application is accompanied by the affidavit, namely an affidavit in form FP 14B.
(2)
A Registrar may make a dissolution order: protected person under protection order to which an application on the Registrar’s list of applications for dissolution orders relates if the respondent does not file a notice of defence within the time specified in or under rule 41.
(3)
A Registrar must not make a dissolution order: protected person under protection order which an application on the Registrar’s list of applications for dissolution orders relates if the respondent files a notice of defence to the application within the time specified in or under rule 41.
(4)
If subclause (3) applies, the Registrar must—
(a)
fix a date and time for the hearing of the application; and
(b)
give the parties notice of the date and time fixed for the hearing of the application.
(5)
A Registrar may, by telephone or any other means the Registrar thinks fit, change, to a later date, the date fixed for the hearing under subclause (4).
17 Rule 356 replaced (Request for hearing after order dissolving marriage or civil union made and before it takes effect as final order)
Replace rule 356 with:
356 Request for hearing after dissolution order: irreconcilable breakdown made and before it takes effect as final order
(1)
This rule applies if—
(a)
a party has filed an application under section 37 of the Family Proceedings Act 1980 for a dissolution order: irreconcilable breakdown; and
(b)
before the order has been made, the party seeks a hearing under section 38(3) of that Act.
(2)
The party must file in court a request for a hearing in form FP 20.
(3)
If this rule applies, a Registrar must—
(a)
fix a date and time for the hearing; and
(b)
issue for service on the other party a copy of the request for a hearing.
(4)
A Registrar may, by telephone or any other means the Registrar thinks fit,—
(a)
change, to a later date, the date fixed under subclause (3) for the hearing of the application; and
(b)
authorise the party who seeks a hearing to make corresponding alterations in the documents to be served on the other party.
Compare: SR 1981/261 r 32E
18 Rule 357 amended (Proof of service of certain applications)
Replace rule 357(1)(c) with:
(c)
an application under section 37 of the Family Proceedings Act 1980 (for a dissolution order: irreconcilable breakdown) and is not on the Registrar’s list of applications for dissolution orders; or
(d)
an application under section 39A of the Family Proceedings Act 1980 (for a dissolution order: protected person under protection order) and is not on the Registrar’s list of applications for dissolution orders.
19 Rule 358 amended (Proof of service of applications on Registrar’s list of section 37 applications)
20 Rule 362 amended (Sealing and service of order dissolving marriage or civil union: order made by Registrar)
Replace rule 362(1) and (2) with:
(1)
This rule applies to the following orders made by a Registrar:
(a)
a dissolution order: irreconcilable breakdown:
(b)
a dissolution order: protected person under protection order.
(2)
The Registrar must notify each party of—
(a)
the date on which the order was made; and
(b)
in the case of a dissolution order: irreconcilable breakdown, the provisions of section 38(3) of the Family Proceedings Act 1980 (which relates to a party seeking a hearing before the order takes effect as a final order).
21 Schedule 1 amended
(1)
In Schedule 1, form G 10, replace “an order dissolving a marriage or civil union”
with “a dissolution order: irreconcilable breakdown”
.
(2)
In Schedule 1, form G 10, before the signature block, insert:
or
[If the application is for a dissolution order: protected person under protection order.]
If you do not file a notice of defence, on or before [date], the case may proceed without you being heard.
22 Schedule 6 amended
Form FP 11
(1)
In Schedule 6,—
(a)
form FP 11 heading, after “union”
, insert “on ground of irreconcilable breakdown”
; and
(b)
form FP 11, replace “*Registrar’s list of section 37 applications”
with “*Registrar’s list of applications for dissolution orders”
; and
(c)
form FP 11, replace “the Registrar’s list of section 37 applications”
with “the Registrar’s list of applications for dissolution orders”
in each place.
Form FP 12
(2)
In Schedule 6,—
(a)
form FP 12 heading, after “union”
, insert “on ground of irreconcilable breakdown”
; and
(b)
form FP 12, paragraph 1, after “union”
, insert “on the ground that the marriage or civil union has broken down irreconcilably”
; and
(c)
form FP 12, paragraph 3, after “married”
, insert “or entered into a civil union”
.
Form FP 13
(3)
In Schedule 6,—
(a)
form FP 13 heading, after “union”
, insert “on ground of irreconcilable breakdown”
; and
(b)
form FP 13, replace “*Registrar’s list of section 37 applications”
with “*Registrar’s list of applications for dissolution orders”
; and
(c)
form FP 13, replace “the Registrar’s list of section 37 applications”
with “the Registrar’s list of applications for dissolution orders”
in each place.
Form FP 14
(4)
In Schedule 6,—
(a)
form FP 14 heading, after “union”
, insert “on ground of irreconcilable breakdown”
; and
(b)
form FP 14, paragraph 1, after “union”
, insert “on the ground that the marriage or civil union has broken down irreconcilably”
; and
(c)
form FP 14, paragraph 3, after “married”
, insert “or entered into a civil union”
.
New forms FP 14A to FP 14D
(5)
In Schedule 6, after form FP 14, insert the forms FP 14A to FP 14D set out in Schedule 1 of these rules.
Form FP 16
(6)
In Schedule 6, form FP 16, paragraph (a) under the heading “*Request for an appearance or request for hearing”
, after “union”
, insert “on the ground that the marriage or civil union has broken down irreconcilably”
.
Form FP 17
(7)
In Schedule 6, form FP 17, paragraph (a) under the heading “*Request for an appearance or request for hearing”
, after “union”
, insert “on the ground that the marriage or civil union has broken down irreconcilably”
.
Form FP 20
(8)
In Schedule 6,—
(a)
form FP 20 heading, after “Request for hearing”
, insert “in relation to dissolution order: irreconcilable breakdown”
; and
(b)
in form FP 20, replace “an order dissolving a marriage or civil union”
with “a dissolution order: irreconcilable breakdown”
; and
(c)
in form FP 20, replace “by an order”
with “by a dissolution order: irreconcilable breakdown”
.
Form FP 38
(9)
In Schedule 6, form FP 38, replace “Section 39,”
with “Section 39 or 39A,”
.
23 Minor amendments to principal rules
Amend the principal rules as set out in Schedule 2.
Schedule 1 New forms FP 14A to FP 14D inserted into Schedule 6
Form FP 14A Application by one party for dissolution order: protected person under protection order
r 337(4)(a)
(Front page—Form G 1)
I, [full name], apply for an order dissolving the marriage or civil union between my spouse (or partner) and me.
This application is made on the ground that I am a protected person under a protection order made against my spouse or civil union partner that is in force at the date of filing this application.
I say—
1
I am domiciled in New Zealand.
or
1
My spouse (or partner) is domiciled in New Zealand.
or
1
My spouse (or partner) and I are both domiciled in New Zealand.
2
I am a protected person under a protection order made against my spouse (or partner) and the protection order is in force at the date of filing this application.
3
There are no children of the marriage or civil union.
or
3
If an order dissolving the marriage or civil union is made, I propose to make the following arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union:
Day-to-day care: [give details]:
Maintenance: [give details]:
Other aspects of welfare, such as schooling or any special needs: [give details].
or
3
It is impracticable for me to make any arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union because [give reasons].
Date:
Signature:
(Applicant)
*Date of hearing
I appoint [date] at [time] at the Family Court at [place] for the hearing of this application.
*Registrar’s list of applications for dissolution orders
I have entered this application on the Registrar’s list of applications for dissolution orders. I will make an order dissolving the marriage or civil union on [date] if the requirements of the Family Proceedings Act 1980 and these rules are satisfied on that date.
| *Delete if inapplicable. |
Date:
Signature:
(Registrar)
Notes
Information sheet
A duly completed information sheet (form G 7) must accompany this application.
Documents to be filed
You must file an affidavit in form FP 14B. Your application is then entered on the Registrar’s list of applications for dissolution orders. This allows the Registrar to make an order dissolving the marriage or civil union, if the requirements of the Family Proceedings Act 1980 and these rules are satisfied, without your having to appear before the Family Court.
When order takes effect as final order
If an order dissolving a marriage or civil union is made by the Family Court in undefended proceedings, it takes effect as a final order on being made.
If an order dissolving a marriage or civil union is made by the Family Court in defended proceedings, it takes effect as a final order at the expiration of 1 month from the date on which it is made.
However, one party may appeal to the High Court against the making of the order. If that happens, the order does not take effect while the appeal is pending. If, before the expiration of 1 month from the date on which the order is made, the appeal is withdrawn, abandoned, or dismissed, or the order is confirmed by the High Court, the order takes effect as a final order at the expiration of 1 month from the date on which it is made. If, after the expiration of 1 month from the date on which the order is made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order takes effect as a final order on the withdrawal, abandonment, or dismissal of the appeal or on the confirmation of the order of the High Court. If the order is set aside or quashed by the High Court, the order does not take effect as a final order.
If an order dissolving a marriage or civil union is made by the Family Court in defended proceedings and one party dies within 1 month of the order being made, the order does not take effect as a final order.
If an order dissolving a marriage or civil union is made by the Registrar, it takes effect as a final order at the expiration of 1 month from the date on which it is made.
Form FP 14B Affidavit to accompany application by one party for dissolution order: protected person under protection order
rr 337(4)(a), 337A(2), 355A(1)(b)
(Front page—Form G 1)
I, [full name], of [address], [occupation], swear (or affirm) that—
1
I am the applicant for an order dissolving a marriage or civil union.
2
I am domiciled in New Zealand.
or
2
My spouse (or partner) is domiciled in New Zealand.
or
2
My spouse (or partner) and I are both domiciled in New Zealand.
3
My spouse (or partner) and I were married or entered into a civil union on [date] at [place], [name of city or town, etc].
4
A copy of our marriage or civil union certificate is annexed to this affidavit and marked with the letter A.
5
I am a protected person under a protection order made against my spouse (or partner) and the protection order is in force at the date of filing this application.
6
Any appeal rights in respect of the protection order have been exhausted or have expired.
7
A copy of the final protection order is annexed to this affidavit and marked with the letter B.
or
7
A copy of the foreign protection order is annexed to this affidavit and marked with the letter B and evidence of registration of that foreign protection order is annexed and marked with the letter C.
*8
Satisfactory arrangements, or arrangements that are the best that can be devised in the circumstances, have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union. The arrangements relate to every child who is under 16 years. They also relate to every child who is 16 years or over and who, because of special circumstances, requires arrangements to be made.
*9
The arrangements referred to in paragraph 8 of this affidavit are as follows:
Day-to-day care: [give details]:
Maintenance: [give details]:
Other aspects of welfare, such as schooling or any special needs [give details].
| *Include if there are children of the marriage or civil union. |
Signature:
(Deponent)
*Sworn (or Affirmed) at [place], [date], before me:
Signature:
(Registrar/Justice of the Peace/Solicitor of the High Court*)
| *Select one. |
Notes
Documents
When you have completed this affidavit, you must file the following documents:
an application by one party for an order dissolving a marriage or civil union: protected person under protection order (form FP 14A):
an information sheet (form G 7):
your marriage or civil union certificate (the original or a certified copy), annexed to this affidavit and marked with the letter A:
a copy of the protection order annexed to this affidavit and marked with the letter B and, if it is a foreign protection order, evidence of registration annexed to this affidavit and marked with the letter C.
Form FP 14C Joint application for dissolution order: protected person under protection order
r 337(4)(b)
(Front page—Form G 1)
We, [full name] and [full name], jointly apply for an order dissolving our marriage or civil union.
This application is made on the ground that both applicants are protected persons under protection orders made against the other party and the protection orders are in force at the date of filing this application.
1
[Full name of one of the applicants] is domiciled in New Zealand.
or
1
We are both domiciled in New Zealand.
2
My spouse (or partner) and I are protected persons under protection orders made against the other party and the protection orders are in force at the date of filing this application.
3
There are no children of the marriage or civil union.
or
3
If an order dissolving the marriage or civil union is made, we propose to make the following arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union:
Day-to-day care: [give details]:
Maintenance: [give details]:
Other aspects of welfare, such as schooling or any special needs: [give details].
or
3
It is impracticable for us to make any arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union because [give reasons].
Date:
Signature:
(Applicant(s))
*Date of hearing
I appoint [date] at [time] at the Family Court at [place] for the hearing of this application.
*Registrar’s list of applications for dissolution orders
I have entered this application on the Registrar’s list of applications for dissolution orders. I will make an order dissolving the marriage or civil union on [date] if the requirements of the Family Proceedings Act 1980 and these rules are satisfied on that date.
| *Delete if inapplicable. |
Date:
Signature:
(Registrar)
Notes
Information sheet
A duly completed information sheet (form G 7) must accompany this application.
Documents to be filed
You must file an affidavit in form FP 14D. Your application is then entered on the Registrar’s list of applications for dissolution orders. This allows the Registrar to make an order dissolving the marriage or civil union, if the requirements of the Family Proceedings Act 1980 and these rules are satisfied, without your having to appear before the Family Court.
When order takes effect as final order
If an order dissolving a marriage or civil union is made by the Family Court on this application, it takes effect as a final order on being made.
If an order dissolving a marriage or civil union is made by the Registrar on this application, it takes effect as a final order at the expiration of 1 month from the date on which it is made.
Form FP 14D Affidavit to accompany joint application for dissolution order: protected person under protection order
rr 337(4)(b), 337A(2), 339(1)(b), 355A(1)(a)
(Front page—Form G 1)
I, [full name], of [address], [occupation], and I, [full name], of [address], [occupation], swear (or affirm) that—
1
We are the applicants for an order dissolving a marriage or civil union.
2
[Full name of one of the marriage or civil union partners] is domiciled in New Zealand.
or
2
We are both domiciled in New Zealand.
3
We were married or entered into a civil union on [date] at [place], [name of city or town, etc].
4
A copy of our marriage or civil union certificate is annexed to this affidavit and marked with the letter A.
5
[Full name of one of the marriage or civil union partners] is a protected person under a final protection order made on [date].
or
5
[Full name of one of the marriage or civil union partners] is a protected person under a foreign protection order registered on [date].
6
Any appeal rights in respect of the protection order have been exhausted or have expired.
7
A copy of the final protection order is annexed to this affidavit and marked with the letter B.
or
7
A copy of the foreign protection order and evidence of its registration is annexed to this affidavit and marked with the letter B.
8
[Full name of the other of the marriage or civil union partners] is a protected person under a final protection order made on [date].
or
8
[Full name of the other of the marriage or civil union partners] is a protected person under a foreign protection order registered on [date].
9
Any appeal rights in respect of the protection order have been exhausted or have expired.
10
A copy of the final protection order is annexed to this affidavit and marked with the letter C.
or
10
A copy of the foreign protection order and evidence of its registration is annexed to this affidavit and marked with the letter C.
*11
Satisfactory arrangements, or arrangements that are the best that may be devised in the circumstances, have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union. The arrangements relate to every child who is under 16 years. They also relate to every child who is 16 years or over and who, because of special circumstances, requires arrangements to be made.
*12
The arrangements referred to in paragraph 11 of this affidavit are as follows:
Day-to-day care: [give details]:
Maintenance: [give details]:
Other aspects of welfare, such as schooling or any special needs: [give details].
Signature:
(Deponent)
Signature:
(Deponent)
Severally sworn (or affirmed) at [place] by both the above-named deponents this [date] before me:
Signature:
(Registrar/Justice of the Peace/Solicitor of the High Court*)
| *Select one |
Notes
Documents
When you have completed this affidavit, you must file the following documents:
a joint application for an order dissolving a marriage or civil union (form FP 14C):
an information sheet (form G 7):
this affidavit (form FP 14D):
your marriage or civil union certificate (the original or a certified copy), annexed to this affidavit and marked with the letter A:
a copy of the first party to the application’s protection order (and, if that protection order is a foreign protection order, evidence of registration of that protection order) annexed to this affidavit and marked with the letter B and the second party to the application’s protection order (and, if that protection order is a foreign protection order, evidence of registration of that protection order) annexed to this affidavit and marked with the letter C.
Schedule 2 Minor amendments to principal rules
Rule 333
In rule 333, revoke the definitions of Care of Children Act and Family Proceedings Act.
Rule 335
In rule 335(1)(a) and (c), replace “Children Act”
with “Children Act 2004”
.
In rule 335(1)(f), (g), and (h) and (2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
In rule 335(1)(i), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 339
In rule 339(2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 340
In rule 340(1)(a) and (b), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 344
In rule 344(1), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 345
In rule 345(2) and (3), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 346
In rule 346, replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 354
In rule 354(1) and (2)(c), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 357
In rule 357(1)(a) and (b), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 359
In rule 359(1) and (2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 360
In rule 360(2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 362
In rule 362(5), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 363
In rule 363(1), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 364
In rule 364(1), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 365
In rule 365(2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 366
In rule 366(1), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 367
In the heading to rule 367, replace “Proceedings Act”
with “Proceedings Act 1980”
.
In rule 367(1), replace “Proceedings Act”
with “Proceedings Act 1980”
in each place.
Rule 368
In rule 368(1) and (2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 371
In rule 371(a), (b), (c), and (d), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 372
In rule 372, replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 373
In rule 373(1) and (2), replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rule 375
In rule 375, replace “Family Proceedings Act which is due but unpaid at the close of 30 June 1992, rule 369 applies subject to sections 127(3) and 128(6) of the Family Proceedings Act”
with “Family Proceedings Act 1980 that is due but unpaid at the close of 30 June 1992, rule 369 applies subject to sections 127(3) and 128(6) of that Act”
.
Rule 376
In rule 376, replace “Proceedings Act”
with “Proceedings Act 1980”
.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the rules but is intended to indicate their general effect.
These rules, which come into force on 17 October 2025, amend the Family Court Rules 2002 (the principal rules) to reflect the commencement of the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 (the amendment Act) on that date.
The amendment Act inserts into the Family Proceedings Act 1980 (the Act) section 39A, which enables a party to a marriage or civil union to apply to the Family Court for an order dissolving the marriage or civil union on the ground of family violence. If a Registrar or the Family Court is satisfied that the applicant or joint applicants are a protected person under a protection order made against the applicant’s spouse or civil union partner, the court may make an order under section 39A(6) of the Act dissolving the marriage or civil union.
The amendments made by these rules update the principal rules to—
prescribe new requirements and forms that apply in respect of applications for a dissolution order made under section 39A of the Act; and
adjust other provisions of the principal rules to distinguish between dissolution orders made on the ground of family violence (under section 39A of the Act) and dissolution orders made on the ground of irreconcilable breakdown (under section 38 of the Act).
These rules also make minor amendments to Part 5 of the principal rules to adjust references to the Care of Children Act 2004 and the Family Proceedings Act 1980 to ensure consistency with the rest of the principal rules.
Date of notification in Gazette: 25 September 2025.
These rules are administered by the Ministry of Justice.