Dissolution of marriage obtained by fraud held to be valid…

The High Court has decided to declare a dissolution of marriage Order valid, even though it was obtained by fraud. 

A dissolution of marriage is filed by married couples or civil union partners who are separated and wish to dissolve their marriage or civil union. For a dissolution of marriage to be obtained, a couple must be separated and living apart for at least two years from the date of separation.

When applying for a dissolution of marriage, you can either apply jointly with your partner if you both agree to the dissolution, or alone if your partner doesn’t agree, or you don’t know where your partner is.

A man applied for a dissolution of marriage in the Family Court, claiming that he did not know where his wife was. He made the application alone and was granted a dissolution Order. 

After the woman found out about the dissolution order, she brought a claim to the Family Court stating that the man was fully aware of her location and that the Order was therefore obtained fraudulently.

When the Family Court decided that the Order was sealed and final, the woman appealed to the High Court seeking to have the Order declared to be invalid. She presented evidence that contact between the former couple had been frequent and consistent over the course of the separation period. 

The Court accepted evidence that the man knew the woman’s location and therefore lied to the Court in his application. The Court however dismissed the application to overturn the Order stating that the fundamental issue in the case was that the outcome was inevitable, regardless of whether or not it was fraudulently obtained.

The Court stated that the couple had been separated for several years and that the man clearly had no intention of remaining in the marriage with the woman. The Court acknowledged that the conduct of the man had been upsetting to the woman, but that the outcome of the case would have been the same regardless of how the Order was obtained.

Ending a marriage can be a stressful experience for all parties involved. The process of separation can be easier and more straightforward with the help of a professional with experience in the area. 

It is important to note that while the Court in this case came to the conclusion it did about the parties being separated for the required timeframe, and the inevitability of the outcome, it is incredibly important to be honest with the Court, as, even if you are successful, the Court has the discretion to apply costs against you if you have been dishonest.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.