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- Auckland & Waikato
What We Do Best
Auckland Family Law has represented clients in all Family and District Courts in the Auckland area and also elsewhere in New Zealand. They have appeared in the Auckland High Court to successfully defend and prosecute appeals.
Their experience can help to drive a positive outcome for all parties involved.
This applies to people who are married, in civil unions, de facto and same sex relationships. The Property (Relationships) Act creates a legal set of rules for the definition, sharing and division of relationship property between the parties, which apply to situations of separation or death.
A presumption of equal sharing of relationship property generally exists once the relationship has lasted for three years, however it can be less in in some cases, such as if there is a child of the relationship.
We can prepare legally binding agreements (Contracting-out or Pre-nuptial Agreements) to allow you to change the legal rules that apply to your relationship. You can contract out of the Act, either totally or partly, depending on what the two of you wish. We can redefine property that will remain separate and create a different set of rules tailored to your relationship and agreed wishes.
Agreements can be prepared and signed before or during the relationship, civil union, or marriage. It is best to do this sooner rather than later, to make sure you are both “on the same page”.
The best way to resolve issues arising upon separation is to negotiate and conclude a binding Relationship Property Agreement. We can advise and represent you, to help achieve the best result.
While equal sharing of relationship property after 3 years is the most common result, there are various exceptions to the equal sharing rules. For example, an adjustment can be made for economic disparity between the parties upon separation. Spousal maintenance can be sought where one partner is worse off because of the division of functions between the parties during their time together. Contact us for further advice.
Once a couple have been separated for two years (excluding any period of living together for up to 3 months in an attempt to reconcile) then either or both of them may apply to dissolve the marriage.
The application will be granted if the marriage has broken down irreconcilably. Once the Order is made, the parties are free to remarry.
We can give you expert and independent advice about your legal rights, obligations and options. In all cases, each partner requires independent legal advice, if an Agreement made under the Property (Relationships) Act is to be legally binding.
An application to divide relationship property should be made to the Family Court within 12 months of Dissolution of marriage (divorce), so if agreement cannot be reached, this needs to be kept in mind.
The Court can extend that time limit in appropriate cases.
1. The Family Protection Act allows claims to be made against the Estate of a person who has passed away by relatives who are owed a duty whether there is a valid will or not.
2. The Law Reform Testamentary Promises Act allows claims against Estates to be made by anyone who has carried out work or services for the deceased and not yet been compensated.
3. Time limits apply to both such claims, so enquiries should be made promptly.
This might be a challenging time, we are here to support you to make the process as easy as possible.
