Section 38 — Family Proceedings Act 1980: Power to make order for dissolution

38 Power to make order for dissolution (1) Subject to subsection (2) of this section, every application for an order dissolving a marriage or civil union shall be heard and determined by a Family Court. (2) A Registrar may make an order dissolving a marriage or civil union where— (a) The proceedings are undefended; and (b) In the case of a joint application, both applicants consent to the order being made in their absence; and (c) In the case of an application other than a joint application, the applicant consents to the order being made in his or her absence and the respondent has not requested an appearance; and (d) The application for the order is accompanied by an affidavit stating— (i) That the ground for the order is established under section 39(2) of this Act; and (ii) That the provisions of section 45(1A) of this Act have been complied with. (3) If there is a change of circumstances between the time of the filing of the application for the order and the date on which an order made under subsection (2) of this section takes effect as a final order, either party may seek a hearing at any time before the order takes effect as a final order notwithstanding that the person consented to the order being made in his or her absence or did not request an appearance. Compare: 1963 No 71 s 20 The heading to section 38 was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by omitting the words “ of marriage ” . Section 38 was substituted, as from 1 July 1994, by section 6 Family Proceedings Amendment Act 1994 (1994 No 32). Section 38 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.