✨ Divorce and Matrimonial Rules
- The questions raised on such affidavits shall be argued in such
manner and at such time as the Court, or a Judge thereof, may direct ;
and any controverted questions of fact may be ordered to be tried by
a jury in the same manner and subject to the same rules as any issues
tried in the Court.
APPLICATION TO MAKE DECREE NISI ABSOLUTE
- The request under section 34 of the Act to issue a decree abso-
lute may be in the form given in the Schedule hereto, and shall be
signed by the party applying, or his or her solicitor. - Where the respondent desires to make application under sec-
tion 34 of the Act, and the petitioner has not had the decree nisi drawn
up and sealed at the date when application may be made for the decree
absolute, the respondent may have the decree nisi drawn up and
sealed.
APPEALS TO COURT OF APPEAL.
- Subject to the provisions of section 72 of the Act, the rules
contained in the Third Schedule to "The Judicature Act, 1908," shall
apply, mutatis mutandis, to all appeals to the Court of Appeal under
that section.
ALIMONY.
- The wife, being the petitioner in a cause, may file her petition
for alimony pending suit at any time after the citation has been duly
served on the husband, or after order made to dispense with such
service, provided the factum of marriage between the parties is estab-
lished by affidavit previously filed. - The wife, being the respondent in a cause, after having entered
an appearance, may also file her petition for alimony pending suit.
A form of petition is given in the Schedule hereto. - The husband shall, within eight days of the filing and delivery
of a petition for alimony, file his answer thereto upon oath. - The husband, being respondent in the cause, must enter an
appearance before he can file an answer to a petition for alimony. - The wife, if not satisfied with the husband's answer, may object
to the same as insufficient, and apply to the Court, or a Judge thereof,
to order him to give a further and fuller answer on the hearing of the
petition for the purpose of being examined thereon. - In case the answer of the husband alleges that the wife has
property of her own, she may (within eight days after the delivery of
the answer) file a reply on oath to that allegation; but the husband
is not at liberty to file a rejoinder to such a reply without permission
of the Court, or a Judge thereof. - A copy of every petition for alimony, answer, and reply must
be delivered to the opposite party, or to his or her solicitor, on the
day the same is filed. - After the husband has filed his answer to the petition for ali-
mony (subject to any order as to costs), or if no answer is filed at the
expiration of the time allowed for filing an answer, the wife may pro-
ceed to examine witnesses in support of her petition, and apply by
motion for an allotment of alimony pending suit; notice of the motion
and of the intention to examine witnesses being given to the husband
or to his solicitor four days previously to the motion being heard
and the witnesses examined, unless the Court or Judge shall dispense
with such notice. - No affidavit can be read or made use of as evidence in support
of or in opposition to the averments contained in a petition for ali-
mony, or in an answer to such a petition, or in a reply, except as may
be required by the Court or Judge. - A wife who has obtained a final decree of judicial separation
in her favour, and has previously thereto filed her petition for alimony
pending suit, on such decree being affirmed on appeal to the Court
of Appeal, or after the expiration of the time for appealing against
the decree, if no appeal be then pending, may apply to the Court
by motion for an allotment of permanent alimony, provided that she
shall, eight days at least before making such application, give notice
thereof to the husband or to his solicitor. - A wife may, at any time after alimony has been allotted to
her, whether alimony pending suit or permanent alimony, file her
petition for an increase of the alimony allotted, by reason of the in-
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Rules for Divorce and Matrimonial Causes Act, 1908 - Procedural Rules for Petitions and Hearings
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⚖️ Justice & Law EnforcementDivorce, Matrimonial Causes, Court Rules, Petitions, Hearings, Affidavits, Decrees, Attorney-General, Alimony, Appeals
NZ Gazette 1909, No 107