Section 44 — Family Proceedings Act 1980: Recognition of overseas orders

44 Recognition of overseas orders (1) The validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union made (whether before or after the commencement of this Act) by a Court or legislature or public authority of any country outside New Zealand shall, by virtue of this section, be recognised in all the Courts of New Zealand, where— (a) One or both of the parties were domiciled in that country at the time of the decree, order, or enactment; or (b) That overseas Court or legislature or public authority has exercised jurisdiction— (i) In any case, on the basis of the residence of one or both of the parties to the marriage or civil union in that country, if, at the commencement of the proceedings, any such party had in fact been resident in that country for a continuous period of not less than 2 years; or (ii) In any case, on the basis that one or both of the parties to the marriage or civil union are nationals or citizens of that country or of any sovereign State of which that country forms part; or (iii) in any case, on the basis that the spouse or civil union partner has been deserted by his or her spouse or civil union partner, or that one spouse or civil union partner has been deported and the other spouse or partner was, immediately before the desertion or deportation, domiciled in that country; or (iv) in any case, on the basis that the spouses or civil union partners were legally separated, whether by an order of a competent Court or by agreement, and that one of the spouses or partners was, at the date of the order or agreement, domiciled in that country; or (v) In a case of nullity of marriage or civil union on any ground existing at the time of the marriage or civil union, on the basis of the celebration of the marriage or civil union in that country; or (c) The decree or order or enactment is recognised as valid in the Courts of a country in which at least one of the parties to the marriage or civil union is domiciled. (2) Nothing in this section shall affect the validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union, or of a dissolution of marriage or civil union otherwise than by judicial process, that would be recognised in the Courts of New Zealand otherwise than by virtue of this section. Compare: 1963 No 71 s 82; 1968 No 60 s 12 Section 44 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 (1)(b)(iii) and (iv) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102).