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)