Family Law
Dividing Up Relationship Property
If you are married, in a civil union partnership or in a de facto relationship, even if you are a same-sex couple, and your relationship ends by separation or because one of you dies, you will be affected by the Property (Relationships) Act (the PRA). This act came into force on 1 February 2002. It replaces the Matrimonial Property Act 1976, which applied only to married couples.
The PRA presumes that each partner contributes equally to their relationship, even though that may be in different ways, and it aims to provide a just division (almost always equal) of the relationship property when the relationship ends, taking into account the interests of any children involved.
In this guide, the term “partner” is used to describe a person in a relationship whether married, civil union or de facto. Where a rule applies only to a married or civil union person, the term “spouse” is used and where a rule applies only to a de facto person, the term “de facto partner” is used. Similarly, the word “relationship” is used to denote a marriage, civil union or a de facto relationship.
For more information view the brochure below or give Craig, John or Aimee a call.
Relationship Break-up
When a relationship breaks up there are usually a lot of issues to be sorted out. Everyone’s circumstances are unique and it is important to get good legal advice about the legal processes, your legal rights and obligations and the options available to you. There may be issues of violence and abuse within the relationship in which case the law can provide protection.
There may be a need for talking and understanding and finding a means to communicate to resolve problems in which case there is a need for counselling and mediation.
It may be necessary to make arrangements for child care, financial support, or the division of property in which cases the law provides a framework for resolving issues, by agreement or if there can be no agreement, by Court Order.
For more information click on the link below; or contact Craig or John to discuss your needs.
Living Together
It has become increasingly common for couples to live together without going through the formal legal commitment of marriage or entering into a civil union.
In many instances the laws relating to family relationships in New Zealand make little or no distinction between a couple who have entered into a formal legal relationship and a couple who are in a ‘de facto relationship’.
A de facto relationship is one where a couple live together as if they were married or in a civil union. The legal definition can differ depending on the legal context. For example a de facto relationship for property division purposes is different from a de facto relationship in the context of eligibility for government benefits and support.
For information about how different laws apply to couples in de facto relationships click on the link below; or contact Craig or John to discuss your needs.
Child Care Issues
When a relationship breaks up or is under stress the most difficult issues often involve the children of the relationship and making arrangements for them.
It is not easy to make good decisions when people are going through what is often the most stressful times in their lives.
There are many good resources available to parents to help them through these difficult times, such as through counselling, information programmes, good personal supports.
It is also important to understand the legal rights and duties that parents have and how these apply to the care arrangements for their children.
If you need help or advice about your own situation please contact us For more information click on the link below; or contact Craig or John to discuss your needs.
Relationship Property
Whether a relationship is beginning or ending it is important for couples to be aware of the rules and laws affecting their property.
The Property (Relationships) Act 1976 provides rules for the division of property if a relationship (meaning a marriage, civil union partnership or de facto relationship) ends, whether by separation or the death of one of the partners.
The Act also provides rules to enable a couple to make their own rules and “contract out”.
Further information about dividing up relationship property.
To obtain advice about your situation please contact us.
For more information click on the link below; or contact Craig or John to discuss your needs.