Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when both parties wish to apply jointly for a fast-track dissolution of marriage under the family violence pathway. A joint fast-track application is only legally permissible under Section 39A(2) of the Family Proceedings Act 1980 if both parties hold mutual final protection orders against each other, allowing them to bypass the two-year separation requirement.
Jurisdiction: Family Court of New Zealand (national jurisdiction). This is a joint application fork of the fast-track family violence pathway under Section 39A(2) of the Family Proceedings Act 1980.
The Process at a Glance: The practitioner represents one party and coordinates with the other party's legal counsel to verify that both parties hold active, final protection orders against each other. The practitioner drafts the joint fast-track application and supporting joint affidavit, attaching both final protection orders as exhibits. The parties execute the joint affidavit separately before authorized witnesses to maintain safety and comply with non-contact terms. The document package is filed in the Family Court. Since the application is joint, service is not required, and the registrar reviews the papers on the fast-track papers track. The dissolution order is made, taking effect as a final order after one calendar month.
Key Legislation and Case Law: Family Proceedings Act 1980 - Section 39A(2) (joint application on the ground of mutual protection orders), Section 39A(4) (removes separation period requirement), Section 39A(5) (exhibiting protection orders), Section 45 (child arrangements), and Section 182 (court power to inquire into and make trust orders). Family Court Rules 2002 - Form FP 14C and Form FP 14D (joint fast-track forms) and Rule 337A (proof of protection orders). Property (Relationships) Act 1976 - Section 24 (twelve-month limitation period). Oaths and Declarations Act 1957 - Section 2A (remote witnessing via audio-visual link) and Section 9 (authorized witnesses). New Zealand Legislation: Family Proceedings Act 1980. Ministry of Justice: Family Court Forms.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Family Law: Dissolution of Marriage or Civil Union (Joint Applicants) - Joint Application - Family Violence Fast-Track Pathway (s 39A) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Administrative Filing process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
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Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
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Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.