Divorce Procedure Forms




THE NEW ZEALAND GAZETTE. 637

appear in a suit for
Or
by reason of
(Signed)
(In person)
Solicitor for the said
[Here insert the address required within three miles of the
Registrar's Office.]

No. 4. Certificate of Service.
THIS citation was duly served by the undersigned on
the within-named of at on the
day of 18
(Signed)

No. 5. Affidavit of Service of Citation.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
against and
I, of, &c. make oath and say:
THAT the citation, bearing date the day of
18 issued under seal of this Court against the Re-
spondent [or and Co-respondent] in this cause, and now
hereunto annexed, marked with the letter was duly
served by me on the said at of, &c. by
showing to the original under seal, and by leaving with
a true copy thereof, on the day of 186 And I further make oath and say that I did, at the
same time and place, deliver to the said personally a
certified copy, under seal of this Court, of the petition filed in
this cause.
Sworn at, &c. on the day of
186 Before me,
(Signed)

No. 6. Entry of an Appearance.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
Petitioner,
against
Respondent
and
Co-respondent.
The Respondent appears in person [or The
Solicitor for the Respondent [or
the Co-respondent] appears for the said
Respondent [or Co-respondent].
Address [within three miles of the Registrar's Office.]
Entered this day of 18

No. 7. Answer.
In the Supreme Court of New Zealand, District,
Under "The Divorce and Matrimonial Causes Act,"
1867."
THE Respondent by her solicitor [or in person],
in answer to the petition filed in this cause, saith:

  1. That she denies that she committed adultery with
    as set forth in the said petition.
  2. Respondent further saith that on the day of
    18 and on other days between that day and the said
    of at in committed adultery
    with
    [In like manner Respondent is to state connivance, condonation,
    or other matters relied on as a ground for dismissing the petition].
    Wherefore this Respondent humbly prays that your Honor
    will be pleased to reject the prayer of the said petition and
    decree, &c., &c.

No. 8. Questions of Fact for the Jury.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
QUESTIONS FOR THE JURY.

  1. Whether the Respondent, committed adultery
    with the Co-respondent.
  2. Whether the Petitioner, has condoned the adultery
    committed by the Respondent (if any).
  3. Whether the Petitioner, has been guilty of cruelty
    towards the Respondent.
    [Here set forth, in the same form, all the questions at issue
    between the parties.]
  4. What amount of damages should be paid by the
    Co-respondent, in respect of the adultery (if any) by him com-
    mitted.

No. 9. Act on Petition.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
A.B. against and
The day of 186
A.B., the Petitioner (or the solicitor of the Petitioner) alleges
that [here state briefly the facts and circumstances upon which
the petition is founded]..
Wherefore the said referring to the affidavits and
proofs to be by him exhibited in verification of what he so
alleged, prayed that [here set forth the prayer of the Peti-
tioner].
(Signed)

ANSWER.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
against and
On the day of 186
the Respondent (or
the Respondent), in answer to the allegations in the
act on petition bearing date the day of 186
of admitted (or denied) that [here set forth
any allegations admitted or denied].
And he alleged that [here state any facts or circumstances in
explanation or in answer].
Wherefore the said [or ] referring to the
affidavits and proof to be by her exhibited in verification of
which she so alleged, prayed [here state the prayer of the
Respondent].
(Signed)
CONCLUSION.
against and
On the day of 186
The Petitioner (or the solicitor or attorney for
the Petitioner) in reply to the allegations of or
in her answer, bearing date denied the same in great
part to be true or relevant.
Whereupon he alleged and prayed [as before].
(Signed)

No. 10. Petition for Reversal of Decree.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
To Judge of the said Court.
The Petition of of day of 18
showeth,

  1. That your Petitioner was, on the day of
    lawfully married to then spinster (or widow), at the
    parish of [here state where the marriage took place].
  2. That on the day of by a final decree pro-
    nounced in a cause then depending in this Court, entitled
    against it was decreed as follows, to wit:
    [Here set out the decree.]
  3. That the aforesaid decree was obtained in the absence of
    your Petitioner, who was then residing at
    [State facts tending to show that the Petitioner did not know of
    the proceedings, and further, that had he known of them he
    might have offered a sufficient defence.]
    Or, That there was reasonable ground for your Petitioner
    leaving his said wife, for that his said wife [here state any legal
    grounds justifying the Petitioner's separation from his wife].
    Your Petitioner therefore humbly prays that your Honor will
    be pleased to reverse the said deeree.
    (Signed)

No. 11. Appeal.
THE Petitioner (or the solicitor or attorney of the Peti-
tioner) in a suit lately depending in the Supreme Court of
New Zealand, District, under "The Divorce and
Matrimonial Causes Act, 1867," entitled against
and does hereby, in due time and place,
complain of and appeal against a certain order or decree made
in the said cause by his Honor a Judge of the said
Court, on the day of 186 whereby, amongst
other things, the said Judge did order and decree [here set forth
the whole of the decree, or such part of it as may be appealed
against].
(Signed)
This Instrument of Appeal was lodged in the Registrar's
Office of the Supreme Court at Wellington, under "The Divorce
and Matrimonial Causes Act, 1867," this day of
186
[To be signed by the Registrar or a Clerk in his Office.]

No. 12. Affidavit in support of Motion for Decree absolute.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
against and
I, of, &c. solicitor for the Petitioner in this
cause, make oath and say, that on the day of
186 I carefully searched the book kept in the Registrar's Office
of this Court, for the purpose of entering appearances, from and
including the day of 186 the day of the
date of the deeree nisi made in this cause, to the
day of 186 and that during such period no appear-
ance has been entered on the said book by the Attorney-General
or Solicitor-General, or by or on behalf of any other person or
persons whomsoever. And I further make oath and say that I
have also carefully searched the books kept in the Registrar's
Office for entering the minutes of proceedings had in this cause,
from and including the said day of 186 to
the day of and that no leave has been obtained



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1868, No 73





✨ LLM interpretation of page content

⚖️ Continuation of Supreme Court Rules concerning writs, service of notices, office copies, and witness examination procedures. (continued from previous page)

⚖️ Justice & Law Enforcement
9 November 1867
Supreme Court, Divorce, Matrimonial Causes Act 1867, Procedure, Forms, Affidavit, Petition, Appeal