Family law and relationship property

We understand that most often clients requiring the services of a specialist family lawyer are going through a difficult and painful period in their lives.

However, increasingly we meet with clients who wish to make arrangements for their future so as to avoid conflict or ambiguity in the future.

We endorse this proactive approach.

We know how important these matters are to our clients and, unlike most larger law firms in Auckland, remain committed to retaining a family law team. As often family law matters overlap with other areas of law, this is particularly beneficial for our clients as our family team is able to work with other specialists within the firm.

Our family team is committed to a resolution based approach, as they are aware that the best result is generally one reached amicably. However, if conciliation is not what is best to meet a client’s needs, our team has the expertise to bring matters before the Court (on an urgent basis if need be) with a view to obtaining the desired result.

You can expect to receive high quality, pragmatic advice and for your matter to be resolved with the utmost discretion.  We understand that every case is unique and we strive to reach a resolution which best meets your needs. You can feel confident that we will resolve these difficult matters while you focus on living your life - or rebuilding it!

How can we help you?

Are you getting married, entering into a civil union or a de facto relationship?

It is essential that you to seek independent and competent advice as to where you stand legally.

If you do not enter into a contracting out (pre-nuptial) agreement and your relationship ends (by death or separation), the Property (Relationships) Act may impose equal sharing of all the property owed by you. If you want to avoid this, then you must enter into an agreement that states how you and your partner wish to divide your property.

Together with our property and commercial teams we can also give you advice on other ways to protect your assets, such as establishing a trust.

Have you separated or are you contemplating separating from your spouse/partner?

It is best, sooner rather than later, to obtain expert advice on your legal position upon separation. We are able to give advice on all legal aspects relating to your separation, which can often involve extremely complex and emotional issues.

In particular, we can (amongst other things) assist you with the following:

•    Advising on the validity of or challenging a contracting out agreement
•    Advising on whether you have a claim for economic disparity or other compensation under
       the Property (Relationships) Act

•    “Trust–busting”
•    Assisting in obtaining spousal maintenance (on an urgent basis if necessary)
•    Unravelling your affairs – resettling Trusts, transferring shares, winding up a company etc.
•    Registering Notices of Claim
•    Obtaining Occupation Orders
•    Obtaining Orders restraining dispositions of property


When an agreement is reached we will ensure that the settlement agreement recording your agreement meets the requirements of the Property (Relationships) Act, giving you the confidence to move forward knowing that the agreement is unlikely to be set aside at a later stage.

You should be aware that if you are thinking of separating or have recently separated, the Family Court offers free counselling aimed at assisting with reconciliation and, if that is impossible, conciliation.  We can assist you in making a referral to that service.

Children

Your children are usually what are most precious to you and we understand that issues relating to them require particular sensitivity, and a speedy resolution focused on the needs of the particular children.

Usually the most difficult and emotional time is around separation. It is important that care arrangements which best meet the physical and emotional needs of your children are put in place as soon as possible. Receiving legal advice regarding your rights, obligations and the effect of the Care of Children Act is essential.

We can assist with the following:

•    Disputes regarding day to day care and contact
•    Obtaining Orders preventing the removal of children from New Zealand
•    Relocation
•    Representation in CYFS proceedings
•    Child support issues
•    Adoption
•    Paternity issues
•    Representation in Hague Convention matters (child abduction)
Other areas where we may assist you

•    Domestic violence
•    Dissolution of your marriage / civil union
•    Estate claims – including family protection cases, testamentary promises claims and disputes over
       wills
•    Welfare guardian and property management issues for the elderly and disabled / mentally impaired

For further information, please contact your usual Jackson Russell Adviser or:

Catherine Lintott

Useful links

Family Court
www.justice.govt.nz/family

IRD Child Support
www.ird.govt.nz/childsupport

Preventing Violence in the Home
www.preventingviolence.org.nz

Central Authority - Hague Convention (child abduction)
www.hcch.net

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