Section 64 — Property (Relationships) Act 1976: Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved

64 Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved A surviving spouse or civil union partner may apply under this Act for a division of the relationship property without having first chosen option A if he or she is in 1 of the following situations: (a) a separation order is in force in relation to the marriage or civil union when the deceased spouse or civil union partner dies: (b) the marriage was ended while both spouses were alive by a legal process that occurred within or outside New Zealand: (c) the civil union was ended while both civil union partners were alive by a legal process that occurs within New Zealand. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Section 64 was substituted, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19). Section 64(a): amended, on 1 November 2007, by section 41 of the Wills Act 2007 (2007 No 36).