Is There Such a Thing as a Conflict Free Separation?
Friday, March 19, 2021
A separation doesn't have to be fraught with conflict, including when Lawyers are involved. If you have recently separated and need some assistance with resolving a dispute involving property and/or children you may want to consider doing so under the framework of Collaborative Advocacy.Read more
Is Your Overseas 'Pre-Nup' Valid in New Zealand?
Thursday, July 30, 2020
If you or someone you know has signed a Prenuptial Agreement, Premarital Agreement, Antenuptial Contract or Contracting Out Agreement in a country outside of New Zealand, then you/ they should find out if and how that Agreement applies in New Zealand. Irrespective of where these types of documents are signed, they generally have a similar purpose; that being to determine the status, ownership and value of assets at the start and end of a couple's relationship. But, are they valid when you have moved away from the country of signing?Read more
New Zealand is in Lockdown… But I want to leave? Separation During Lockdown
Wednesday, April 1, 2020
If you had intended to separate from your spouse before the lockdown, or if you are one of the anticipated many, whilst confined with your other half have realised you do want to separate. The current Covid-19 lockdown might have you thinking separation is not an option available to you for the foreseeable future, but that is not the case.Read more
Getting on Top of Your Legal Affairs – What you Could do During the Lockdown Period
Friday, March 27, 2020
During this unprecedented and unsettling time, there is an opportunity here to take advantage of the phone calls and emails slowing down (for some) and use your time to address those things you have been putting off – a bit like that painting job most people have been meaning to get to.Read more
Is Self-Isolation Pushing you Together or Pulling you Apart?
Wednesday, March 25, 2020
Feeling stressed or anxious about how Covid-19 (coronavirus) and New Zealand entering alert level 4 with nationwide lockdowns will affect you and your family members? Times of crisis can result in a push-and-pull effect with our personal relationships. They bring people together – only those in your household! - but difficult times can also lead to difficulties arising in our relationships with our, quite literally, nearest and dearest.Read more
'Insuring' Your Relationship Property
Friday, June 7, 2019
Section 21 of the Property (Relationships) Act 1976 ("the Act") allows for parties to essentially 'contract out' of the Act and determine how the relationship property would be divided on the off-chance that you and your partner separate.Read more
When is Your House the "Family Home"? / Will my House be Split 50/50?
Monday, September 3, 2018
A special status is given to the "family home" in relationship property disputes under the relevant legislation, the Property (Relationships) Act 1976 ("the Act"). Read more
Are You in a De Facto Relationship?
Tuesday, May 2, 2017
It is common knowledge that when a married couple in New Zealand gets divorced, they, general speaking, get half each of all the property owned by the parties. In New Zealand this asset division also extends to de facto relationships of more than three years, but what is a de facto relationship? A marriage is easy to identify: there is a wedding, someone cuts the cake, there is usually an adorable child in charge of the rings and most importantly, a legal document; a marriage certificate which says you are married. However, de facto relationships are not so easy to identify.Read more
Are You Getting Your Fair Share of Relationship Property Upon a Break Up?
Thursday, April 6, 2017
The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships. Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property. This usually includes the home, family chattels, and all other property acquired during the relationship. However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act.Read more
Dispelling Some Of The Myths About Property Division On Separation
Thursday, August 25, 2011
Most people who have been through a separation would agree that it is a difficult and stressful time. This can be exacerbated when there is confusion or misunderstanding about what property is classed as relationship property and what property is classed as separate property. The Property (Relationships) Act 1976 (“the Act”) provides a code for how property is to be divided on separation for couples who are married, in a civil union partnership or de facto/same sex relationship.Read more