VadeLab
StatuteFamily Proceedings Act 1980

Section 41 — Family Proceedings Act 1980: Effect of sexual connection without resumption of cohabitation

Text of the provision Official document

41 Effect of sexual connection without resumption of cohabitation For the purposes of section 39 of this Act, there shall be no presumption that the parties to a marriage or civil union have ceased to live apart by reason of acts of sexual connection between them (whether or not the sole or principal motive was reconciliation) without the resumption of cohabitation. The heading to section 41 was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ sexual connection ” for the word “ intercourse ” . Section 41 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 41 was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the word “ connection ” for the word “ intercourse ” .

Official source: legislation.govt.nz

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.