Family Law
Relationships can be good. Relationships can be bad. Whatever your circumstances, we are here to help you achieve the best possible outcome, while making sure that you feel supported throughout the process.
At The Firm, we understand the complexities and sensitivities involved in family law matters. Our goal is to provide you with compassionate, comprehensive legal support tailored to your unique situation. Whether you are facing the challenges of a separation, dealing with the division of relationship property, or addressing care arrangements for your children, we are committed to guiding you every step of the way.
We recognise that some matters will require Family Court intervention. However, we strongly advocate for exploring alternative dispute resolution methods first. These alternatives can often provide a more efficient, cost-effective, and less adversarial solution to your family law issues. Our priority is to find the best possible resolution for you with minimal stress and expense.
Our areas of expertise in family law include:
Relationship Property Agreements
Also known as Contracting Out Agreements or pre-nuptial agreements, Relationship Property Agreements allow couples to define how their assets and liabilities will be divided in the event of a separation.
Relationship Property Agreements provide couples with the flexibility to tailor their property division arrangements in accordance with their own unique circumstances and preferences, rather than relying solely on the default provisions of the Property (Relationships) Act 1976. Those default provisions typically provide for the equal division of the family home, the family chattels, and all income earnt during the relationship upon separation. If one partner has brought more to the relationship than the other, then equal division could be seen to be unfair by the parties.
Typically, one party’s lawyer will draft a Relationship Property Agreement outlining the division of property and other relevant terms. This will then be provided to the other party’s lawyer, who reviews it and requests any changes they would like. Once both sides are happy with the form of the agreement, the parties and their lawyers sign the agreement.
We can assist you in drafting and negotiating a Relationship Property Agreement to help protect your individual property interests and provide for a smoother resolution in the event of a relationship breakdown.
Separation
Navigating the end of a relationship is never easy. Our experienced team can provide you with the legal support and advice you need to manage the separation process smoothly, ensuring that your rights are protected, and your voice is heard.
There are three major considerations to a separation from a legal perspective:
Division of relationship property
The division of assets and liabilities can be a contentious issue, especially if there isn’t a Relationship Property Agreement in place.
We are skilled in negotiating and drafting Separation Agreements pursuant to section 21A of the Property (Relationships) Act 1976. A Separation Agreement details the assets and liabilities each party is taking from the relationship and they provide for the full and final settlement of the division of the parties’ relationship property.
Similar to the process for signing a Relationship Property Agreement, one party’s lawyer will typically draft a Table of Assets and Liabilities and Separation Agreement outlining the division of property. This will then be provided to the other party’s lawyer, who reviews it and requests any changes they would like. Negotiations can vary greatly at this point in time depending on each couple’s circumstances. If both sides can agree on the terms of a Separation Agreement, the parties and their lawyers sign the agreement. If agreement cannot be reached, the parties often need to take their dispute to the Family Court for resolution.
Parenting arrangements
If a separated couple had children together then they need to determine parenting arrangements for those children. This can be one of the most challenging aspects of a separation. We work with you to create practical and sustainable care and contact plans that prioritise the well-being and best interests of your children.
Child support considerations
Again, if a separated couple had children together, one party may be liable to the other for child support post-separation. There are a number of factors which influence the calculation of child support and parties are free to reach their own child support arrangements or revert to the Inland Revenue Department’s default assessment.
We can assist you in navigating your child support obligations and documenting any child support agreement you may reach with your former partner.
Divorce
Parties may file for a dissolution of their marriage (divorce) once they have been separated for two years and at least one party resides in New Zealand.
There are two options available to parties to dissolve their marriage:
Joint party application
If both parties agree to the dissolution of their marriage, a joint party application can be completed and filed with the Family Court together with the filing fee.
An option to either have the court decided on the application papers can be opted for, or alternatively the option to appear in court can be selected. If the latter is selected, then the Court will advise the day and time and both parties must appear at Court at this time. A judge will make the Order to dissolve the marriage and it will be official from that day.
If the selection for the Court to make the order on the application papers, the marriage will be dissolved one month following the Order being made.
One party application
If one party does not want a divorce or they will not agree, one party can complete a one party application and file with the Family Court together with the filing fee.
The application will then be processed, and the Court will release a set of documents that will need to be served on the other party (not by the applicant). The person who served the documents then needs to complete an Affidavit of Service and file this with the Court.
Once the other party has been served, they have a set timeframe to defend the application (21 days after service if they are in New Zealand).
If the other party choses to defend the application, there will be a hearing set down and the judge will hear from both parties and make a decision on the dissolution. If the judge makes an order for dissolution, then the marriage will be legally dissolved one month after the order.
If the other party does nothing in the timeframe set down, the Court will check that all requirements are met and then make an Order to dissolve the marriage. The marriage will be legally dissolved one month after the order.
If the applicant wished to appear in Court, the Court will advise the time of the hearing and the dissolution of marriage would be final on that day.
We can guide you through the divorce process and assist with your application.
Family Violence
If you are experiencing family violence, your safety is our top priority. We can provide you with urgent assistance to help you obtain protection orders and other legal remedies to ensure your safety and the safety of your loved ones.
Family Court Proceedings
We have experience in Family Court proceedings for parenting, child support and family violence matters.
Why Choose Us?
Our dedicated family law team combines legal expertise with empathy and understanding. We are committed to providing personalised support, keeping you informed, and advocating for your rights throughout the legal process. Trust us to help you navigate the complexities of family law with care and professionalism.
Contact us today to discuss your family law needs and learn how we can assist you in achieving a positive resolution to your situation.