Application for dissolution of marriage — irreconcilable differences — whether living apart — Family Proceedings Act 1980, ss 39 & 45 — Excell v Department of Social Welfare [1991] NZFLR 241. The applicant sought an order dissolving the parties' marriage. The parties had been married in India, but the applicant subsequently moved to New Zealand and the respondent followed several years later with the parties' children. The respondent then returned to India for two and a half years before coming back to New Zealand. The respondent opposed the application, submitting that the applicant only wanted to divorce her in New Zealand to avoid expenses were he to file the application in India, and to prevent the children from accessing family property in India. The Judge noted that the sole ground for dissolving a marriage in New Zealand was that the marriage had broken down irreconcilably. As such, the only issue for determination by the Court was whether the parties had been living apart for two years immediately prior to the filing of the application. The Judge concluded based on the evidence that the parties had been living apart for the required period and made an order dissolving the parties' marriage. Judgment Date: 11 March 2022. * * * Note: names have been changed to comply with legal requirements. * * *