Insights & Articles

In New Zealand, to legally end your marriage or civil union (divorce), you must apply to the Family Court for a Dissolution Order. Until a final order dissolving a marriage or civil union has taken effect, parties to a marriage or civil union cannot enter into another marriage or civil union.

If one of your loved ones has left you out of their Will or you believe that their Will is unfair or their Will did not adequately provide for you, you may be able to make a claim under the Family Protection Act 1955 (the FPA) against their estate.

Considering relocating with your child to a different city or country? It's essential to understand that such a move requires the consent of the other parent. The decision about where a child lives is a significant guardianship matter, and both parents must agree on it.

At the end of a relationship, both parties must fully disclose their assets and liabilities to divide their property fairly. If one party withholds information, reaching a fair agreement becomes difficult, and any agreement made could be challenged and possibly overturned later.

Upon separation, it's usually assumed that relationship property will be divided equally unless there's a prenuptial or premarital agreement. However, if there are special circumstances where equal division isn't fair, the court might order a different division to ensure fairness and justice.

Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved. Reaching an agreement about how a child's care will be shared can be challenging and deepen conflict between parents if they do not see eye to eye.

When sorting out the monetary side of separation, the Property (Relationships) Act 1976 ("the Act") sets out how property is to be divided for relationships that qualify. It generally aims to divide property (the assets and liabilities including houses, cars, superannuation, mortgage loans etc.) in a way that is “fair”. This means the starting point is that property is divided equally. However, there are some exceptions.

After separation, one partner may need financial support while they transition to becoming financially independent. Spousal maintenance is separate from child support payments as its focus is on supporting an adult party rather than supporting any children. If a party has made an application for spousal maintenance, they can apply to receive interim maintenance urgently from the other party, to assist them financially in the interim while the final spousal maintenance proceedings are being settled.

If you and your partner intend to enter into a nikah, it is important to consult with a lawyer to advise you of the possible effects and implications of that agreement and your property rights should you and your partner separate. If you and your partner have already separated and you have entered into a nikah, a lawyer can also advise you on what that means for your relationship property entitlements.