When two people separate in New Zealand
In years gone by married couples stayed together until one of them died but these days people separate much sooner and often multiple times. One of the reasons for this is the easier divorce laws so one of the parties can bring separation proceedings that will enable them to bring a formal end to the relationship. However, a separation is usually an expensive process both financially and emotionally so before you go down that track it is a good idea to understand all that will be involved.
This article will shed some light on some of the issue around separation in New Zealand but it does not constitute any formal legal opinion and you should always consult a divorce lawyer. It’s important to realise too that the marriage and separation laws in NZ apply equally to de-facto and Civil Union relationships. In this article the term “married” can apply to any of those relationship types.
This article will shed some light on some of the issue around separation in New Zealand but it does not constitute any formal legal opinion and you should always consult a divorce lawyer. It’s important to realise too that the marriage and separation laws in NZ apply equally to de-facto and Civil Union relationships. In this article the term “married” can apply to any of those relationship types.
Before you decide to separate
Given the high cost of separation it is often worth trying to save your relationship. There are many different ways you can do this. For example, you can find a support group that offers help for couples to find a way through their issues. These days there are plenty of online courses you can look at too. However the most common and most widely known is a marriage guidance counsellor. These people can work with both of you to identify your issues and try to help to resolve them.
If you do opt to separate
Many times married couples do make the decision to separate and in that case it is important that you seek legal advice at an early stage. The laws are very clear in New Zealand about separation and all of its aspects especially compared to many other countries. Even so, you still need to get good legal advice.
Relationship property
In the past the male was often favoured it he split of any marital property. Women were often left to raise the children with a weekly or monthly alimony payment. The laws changed and often the bias shifted to the woman so many men felt that they were left with very little after a divorce.
The laws in NZ though now say that both parties are entitled to an equally share of all relationship property.
This can lead to arguments about the value of different assets so this is why you need to talk to a divorce lawyer so they can ensure that your assets are fairly valued.
They will help you find experts to arrive at a fair market value so that neither party is unfairly treated.
Child support
The laws are again very clear about how much a parent must contribute to child support. The figures are determined by a number of factors which include the income of the parents, the number of children and the living arrangements of each person. The IRD has a tool on their website to enable you to calculate your child support contributions. However your divorce lawyer can help you with this calculation.
Child care
The issue of child care is not as clear cut and this is because there are more issues at stake most of which are quite emotional.
The children are put in the care or custody of one parent which is usually the mother. The two parents negotiate the amount of time the children can be with the other parent. This is known as contact or access. This can often cause much resentment especially for the non-custodial parent. However it is important for the children that they do have reasonable access to their children. Due to the emotive nature of this aspect, a lawyer can be a great help to you.
If all else fails then there is redress to the Family Court which can make a decision in the interests of the children.
Given the high cost of separation it is often worth trying to save your relationship. There are many different ways you can do this. For example, you can find a support group that offers help for couples to find a way through their issues. These days there are plenty of online courses you can look at too. However the most common and most widely known is a marriage guidance counsellor. These people can work with both of you to identify your issues and try to help to resolve them.
If you do opt to separate
Many times married couples do make the decision to separate and in that case it is important that you seek legal advice at an early stage. The laws are very clear in New Zealand about separation and all of its aspects especially compared to many other countries. Even so, you still need to get good legal advice.
Relationship property
In the past the male was often favoured it he split of any marital property. Women were often left to raise the children with a weekly or monthly alimony payment. The laws changed and often the bias shifted to the woman so many men felt that they were left with very little after a divorce.
The laws in NZ though now say that both parties are entitled to an equally share of all relationship property.
This can lead to arguments about the value of different assets so this is why you need to talk to a divorce lawyer so they can ensure that your assets are fairly valued.
They will help you find experts to arrive at a fair market value so that neither party is unfairly treated.
Child support
The laws are again very clear about how much a parent must contribute to child support. The figures are determined by a number of factors which include the income of the parents, the number of children and the living arrangements of each person. The IRD has a tool on their website to enable you to calculate your child support contributions. However your divorce lawyer can help you with this calculation.
Child care
The issue of child care is not as clear cut and this is because there are more issues at stake most of which are quite emotional.
The children are put in the care or custody of one parent which is usually the mother. The two parents negotiate the amount of time the children can be with the other parent. This is known as contact or access. This can often cause much resentment especially for the non-custodial parent. However it is important for the children that they do have reasonable access to their children. Due to the emotive nature of this aspect, a lawyer can be a great help to you.
If all else fails then there is redress to the Family Court which can make a decision in the interests of the children.
Other things that need taking care of
Once all parties have agreed on the value of assets those items need to be allocated. Clearly it is not possible to simply cut all assets down the middle. A house will need to be sold either to a third party or to one of the two spouses. In either case your lawyer will have to be involved in the legal process of buying and selling a house.
Other assets also need to be formally distributed for example and shareholdings will need to be reassigned, valuables such as jewellery or art and any land, all of these need to be legally passed to the new owner.
Summing up marital separation in New Zealand
A separation is an emotional experience and one in which one party may try to force their view onto the other. However the divorce laws in NZ have been written to support both spouses and also any children from the relationship. To ensure you are not dis-advantaged in your separation contact an Albany divorce lawyer as soon as possible.
Once all parties have agreed on the value of assets those items need to be allocated. Clearly it is not possible to simply cut all assets down the middle. A house will need to be sold either to a third party or to one of the two spouses. In either case your lawyer will have to be involved in the legal process of buying and selling a house.
Other assets also need to be formally distributed for example and shareholdings will need to be reassigned, valuables such as jewellery or art and any land, all of these need to be legally passed to the new owner.
Summing up marital separation in New Zealand
A separation is an emotional experience and one in which one party may try to force their view onto the other. However the divorce laws in NZ have been written to support both spouses and also any children from the relationship. To ensure you are not dis-advantaged in your separation contact an Albany divorce lawyer as soon as possible.