Divorce and Matrimonial Rules




  1. 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

  1. 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.
  2. 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.

  1. 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.

  1. 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.
  2. 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.
  3. The husband shall, within eight days of the filing and delivery
    of a petition for alimony, file his answer thereto upon oath.
  4. The husband, being respondent in the cause, must enter an
    appearance before he can file an answer to a petition for alimony.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 107





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⚖️ Rules for Divorce and Matrimonial Causes Act, 1908 - Procedural Rules for Petitions and Hearings (continued from previous page)

⚖️ Justice & Law Enforcement
Divorce, Matrimonial Causes, Court Rules, Petitions, Hearings, Affidavits, Decrees, Attorney-General, Alimony, Appeals