Section 37 — Family Proceedings Act 1980: Application for dissolution of marriage or civil union

37 Application for dissolution of marriage or civil union (1) An application for an order dissolving a marriage or civil union may be made— (a) By either party to the marriage or civil union; or (b) Jointly by both parties to the marriage or civil union. (2) An application under subsection (1) of this section may be made only where, at the time of the filing of the application, at least one party to the marriage or civil union is domiciled in New Zealand. (3) For the purposes of sections 38(2) , 42 , and 174(3) of this Act, proceedings for an order dissolving a marriage or civil union that are commenced by a joint application shall be treated as undefended proceedings. Compare: 1963 No 71 ss 18(1), 20 The heading to section 37 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Section 37 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Subsection (3) was amended, as from 1 July 1994, by section 5 Family Proceedings Amendment Act 1994 (1994 No 32) by substituting the expression “ sections 38(2), 42, ” for the expression “ sections 42 ” .