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Learner’s Guide
LEGAL STUDIES
Licensed to:
Western Heights High School
2018 - 5a © ATC New Zealand
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About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will learn about New Zealand law in relation to marriage, civil unions, and de-
facto relationships.
By the end of this guide you will be able to describe the legal implications of entering into these
relationships as well as the process for, and consequences of, terminating these relationships.
Over the past ten years there have been a number of changes to the types of relationships that
are formalised in New Zealand and how these are defined. It is essential that you know about
these types of relationships and the impact of entering into such relationships.
A number of activities have been included in this guide to help you learn about the legal
implications of marriage, civil unions, and de-facto relationships.
Additional
Resources
Websites
• Community Law Centres: http://www.communitylaw.org.nz
• Family Court: http://www.justice.govt.nz/family
• The Ministry of Justice: http://www.justice.govt.nz/
• Department of Internal Affairs: http://www.dia.govt.nz
Contents
Types of Relationship 2
Marriage 3
Civil Unions 4
De-facto relationships 5
Terminating Relationships 14
The process of separation 15
Legal separation of a marriage or civil union 17
The role of the Family Court 19
Legal consequences of relationship termination 22
Glossary 27
LESSON 1:
Types of
Relationship
Learning Objectives
When you have finished this lesson, you will know about the A space has been left
following types of relationships. on the right of every
page for you to make
Marriage notes about what
Civil Unions you are learning.
De-facto relationships
Over the past ten years there have been a number of important
changes to family law. These changes reflect the diversity of family
arrangements that we have in New Zealand.
The traditional nuclear family of Mum, Dad, and 2.5 children no
longer portrays an accurate picture of the average New Zealand
family. Many other family arrangements exist, including:
• single-parent households
• extended families
• blended families
• de-facto relationships between men and women
• de-facto relationships between couples of the same sex
• civil unions between men and women
• civil unions between couples of the same sex.
Marriage
What is a marriage?
Anyone who is over 18 can get married. However, there are some rules about
who a person can and cannot marry. Also, people can only marry one person
at a time.
In the past people could only marry people of the opposite gender, for example
a male could only marry a female. Now, people can marry either gender. For
example, a female can marry another female or a male.
Fact:
“New Zealanders are marrying later than in the past. In 2012, the median
age at first marriage was 30.0 years for men and 28.5 years for women
– up from 27.0 and 24.9 years in 1992. Although the median age at first
marriage has increased over the last 20 years, most of the increase
occurred before 2004 and the median age has remained relatively constant
since then. In 1971, when marriage rates peaked, the median age at first
marriage was 23.0 years for men and 20.8 years for women.”
1 http://www.stats.govt.nz/browse_for_stats/people_and_communities/marriages-civil-unions-and-
divorces/MarriagesCivilUnionsandDivorces_HOTPYeDec12/Commentary.aspx#New
Try it for
In your own words, write a simple definition of marriage.
Yourself
Civil Unions
Civil unions were introduced in 2004 under the Civil Unions Act 2004. It was
the first law that formally acknowledged personal relationships between same-
sex couples.
Anyone who is over 18 can enter a civil union. However, there are some rules
about who a person can and cannot enter a civil union with. Also, people can
only enter a civil union (or marry) one person at a time.
Fact:
“In 2016:
• 20,235 marriages and civil unions were registered to New Zealand
residents – of these, 483 were same-sex marriages or civil unions.
• 14,328 were first marriages and civil unions; 5,865 were remarriages
and civil unions; and 42 couples (both same-sex and opposite-sex)
transferred from a civil union to a marriage or vice versa.”
2 http://www.stats.govt.nz/browse_for_stats/people_and_communities/marriages-civil-unions-and-
divorces/MarriagesCivilUnionsandDivorces_HOTPYeDec16.aspx
De-facto relationships
Many people enter de-facto relationships because these are flexible. For marriage
and civil unions, the process of formally ending the relationship is complex. The
process of ending a de-facto relationship, however, is dealt with between the
couple and can happen immediately, if required.
LESSON 2:
Legal Implications of
Entering into Relationships
Learning Objectives
When you have completed this lesson, you will be able to describe
the following legal implications of entering into a relationship:
the legal requirements for entering into a relationship
relationship property rights and responsibilities.
Consent Freedom of
Choice
We will also look at specific restrictions that can prevent people from
entering into marriage relationships.
Consent
For a marriage or civil union to be legal, both
parties must have formally given their consent to
marry or to enter into the civil union.
To give consent, both of the parties must meet
the following requirements.
Documentation required
The consent to marry or enter a civil union must:
• be in writing
• be witnessed
• have the occupation and address of the persons giving their
consent to get married
• be given to the Family Court Registrar.
Note:
Where a parent or guardian refuses to give consent to a
marriage or civil union, an application can be made to a Family
Court Judge to obtain consent.
Freedom of choice
Under current New Zealand law, a couple are
free to marry or enter into a civil union if:
they both publicly consent to the
marriage out of their own free will
they meet the age requirements
they are not closely related (i.e. brother and sister)
they are not already in a marriage relationship or a civil union
relationship with other people.
Gender of partners
Restrictions on marriage:
There are a number of specific restrictions that apply to marriage
relationships. These include:
• marrying someone who does not meet age requirements
• marrying someone who a person is closely related to (see
box below)
• marrying a person who is already married or in a civil union
• getting married without an authorised marriage celebrant
present
• not submitting a ‘Notice of Intended Marriage’ form to the
Registrar of Marriages within the required three-day time frame.
a) Sarah and her boyfriend are both 15. They want to get married.
b) Andrew is 17. He wants to enter a civil union with his girlfriend, Aroha, who is 18.
His parents approve of the marriage.
c) Anita is 34. She wants to marry her cousin, Jordan. Jordan is 37.
d) Morgan is 42 and is still married to his wife, although he does not live with her.
He wants to enter a civil union with his new partner, Jamie (46).
e) Tracy intends to marry James in two days’ time. They have not applied for any
documentation from the Registrar of Marriages yet.
The Property (Relationships) Act 1976 sets out the property sharing
rules that apply when a married, civil union, or de-facto couple
separate or when one partner dies. The determining factor when it
comes to deciding how property will be shared between partners is
the length of the relationship.
Note:
Separate property does not include things like the family home,
car, household furniture, and appliances. If one partner does
anything to increase the value of another partner’s separate
property (eg, renovating an investment property your partner
owns), the increase in the value of the property is relationship
property, not separate property. On the other hand, any
inheritance or gifts that one partner receives while they are in
the relationship is their separate property, unless they combine
that inheritance/gift with the relationship property.
Property RP/SP
Household equipment and appliances
Jointly owned family home
Inheritances and gifts
Property that was acquired before the relationship began
Property purchased after the relationship began
Family heirlooms
Property acquired under a trust
Property not intended for the use or benefit of both partners
Vehicles and boats purchased during the relationship
Property that is declared to be separate under a legal agreement
Value added during the relationship to superannuation and life insurance
policies
Short-term relationships
Married and civil union couples
In the case of married and civil union couples who have been
together for less than three years, the courts will start with the
assumption that the couple have contributed equally and that they
should share the property equally. However, the family home and
the chattels will be shared according to the contributions of each
spouse if it is determined that:
• they were owned by one spouse before the marriage or civil
union began
• they were received by one spouse as a gift or under a will
• one spouse has made a greater contribution than the other
spouse.
De-facto couples
For short-term de-facto relationships, they are not entitled to an equal
share of the property. However, there are few exceptions, such as:
• if the couple has a child(ren) together
• if a partner has made a ‘substantial contribution’ to the
relationship
• if the Court believes that not applying the Act would result in
‘serious injustice’ (s.14A).
Relationship Property
Marriage / Civil Union -
over 3 years
De-facto relationship –
over 3 years
De-facto relationship –
under 3 years
LESSON 3:
Terminating
Relationships
Learning Objectives
When you have finished this lesson, you will be able to do the
following:
describe the process of separation
describe the legal procedures for ending a relationship
identify the role of the Family Court in relationship termination
identify possible legal consequences of terminating a
relationship.
For marriage and civil unions, a separation means that the couple
are still legally in the relationship (with the same rights and
responsibilities). However, they have agreed to live separately.
STEP 1:
One of the first steps for a couple to take when they are considering
separating is to attend counselling to try and resolve their issues.
The Family Court offers a free counselling service.
STEP 2:
The couple can then decide to:
• continue living together (and receive ongoing counselling)
• live apart (and preparing for a legal separation).
STEP 3:
If the couple decide to live separately, they can decide to apply
for a separation agreement from the Family Court. The separation
agreement will cover issues such as the day-to-day care of children,
maintenance, and the division of property. The agreement is also
a record of the fact that the couple separated, and the actual date
the separation began, which can be useful if they later apply for
dissolution of their marriage or civil union.
The Family Court has the following roles when dealing with
relationship termination.
Hi! As you know, Greg and I are considering ending our relationship. How can
the Family Court help with the process of ending our marriage? It would be great
if you could give me some information about this.
Thanks,
Tasha
Legal consequences of
relationship termination
There are a number of legal consequences of ending a marriage,
civil union or de-facto relationship. These include consequences
that relate to the following.
Property
When a relationship ends, one of the legal
consequences is that the property of the
relationship will usually need to be divided between
the parties. In many situations, the parties will be
in a less favourable financial position after their
relationship ends. If the couple can agree between
them how they will divide their property, they do not need to apply
to the Family Court to divide up their property for them under the
provisions of the Property (Relationships) Act.
Inheritance
Another legal consequence resulting from the
termination of a relationship is in relation to issues
of inheritance.
Child support
Another legal consequence resulting from the
termination of a relationship is that one parent will
be liable to pay child support.
The Child Support Act 1991 sets out the legal provisions
relating to child support in New Zealand, and the Inland
Revenue Department (IRD) administers the Child Support
scheme. The Child Support Act ensures that parents take
financial responsibility for their children when a relationship
ends.
Glossary
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