I've applied for a divorce last month jointly and want to get remarry, Yes, I'm in NZ, I have a protection order on me

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Customer: Hi
JA: Hi. How can I help?
Customer: I've applied for a divorce last month jointly and want to get remarry
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes
JA: Family law varies by state. What state are you in?
Customer: I'm in NZ
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a protection order on me and want to know if it stops me getting remarried
Answered by Chris The Lawyer in 51 mins 5 months ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
Customer
Hi Chris
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Chris The Lawyer, Expert

Hey soon as the family court has made the order dissolving the marriage, you can then get remarried. The protection order does not have any effect on getting rid of the marriage. The protection order does not stop you from getting divorced
Customer
Thanks to get in touch
Customer
I couldn't find any statement on ministry website which clarifies that I can get married while having a PO on me
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Chris The Lawyer, Expert

The protection order is under a different piece of legislation and doesn’t affect the divorce

Customer
I know it doesn't effect the divorce. I'm asking if I can get remarry in NZ or overseas if PO doesn't get discharged for some time
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Chris The Lawyer, Expert

It will not stop you getting married. It is not an impediment to marriage

Customer
Thank you. Can I get marry overseas and bring my spouse in NZ as well?
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Chris The Lawyer, Expert

If you have a New Zealand order dissolving your marriage that will enable you to get married any where

Customer
Thank you. Can I get a reference of this law online please?
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Chris The Lawyer, Expert

The law about marriage is in the Family Proceedings Act which you can find at

https://www.legislation.govt.nz

Customer
Thank you
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Chris The Lawyer, Expert

Glad to help

Customer
Hi Chris, I've looked at the above link you shared but couldn't find any clause explaining what you mentioned in my case. Can you please guide?Thanks
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Chris The Lawyer, Expert

The Marriage Act also affects your situation, but in this act and the Family Proceedings Act there is nothing about protection orders preventing re marriage

Customer
your answer is based on assumption?
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Chris The Lawyer, Expert

No, my answer is based on my knowledge of the law relating to marriage. In general, if the law does not prohibit something then it is permitted. There is nothing in the relevant statutes which says that a protection order affects your ability to get married. It is irrelevant to the issue of getting married.
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