Couples who live together and are not married live in what is called a de facto relationship. Sometimes it is difficult to decide whether a qualifying de facto relationship exists. It can often be important to establish if there is a de facto relationship for the purpose of division of property, either on a relationship breakup or when one partner dies. It is a matter of whether the couple have a mutual commitment to a shared life together. The property division regime that a

The need for spousal maintenance often arises alongside division of property and arrangements for the children. A classic situation is a wife and mother in need of financial support as a result of the breakup of a relationship. She may not be able to look after herself financially until she gets her property entitlement, or it may be longer if circumstances prevent her from being able to fend for herself. An important part of spousal maintenance for practical purposes is the

When a husband and wife live apart this is their separation date which can be important for property division purposes. A couple could be separated even though they are still living in the family home. Either spouse may apply to the Family Court to have the marriage dissolved two years after separation. You can get the forms for this from the Family Court Registry, and you do not need a lawyer. A dissolution of your marriage changes your legal status to being single again and

When one partner dies, the survivor still has an entitlement to division of relationship property. The surviving partner needs to either negotiate that entitlement with the Executors or Administrators of the deceased partner’s estate, or apply to the Family Court within 12 months of Probate of the deceased’s Will. If there is a small estate able to be distributed without formal administration, the choice must be made within six months of the date of the partner’s death. Befor

Division of property Your relationship property is usually divided on a 50:50 basis after a marriage or committed relationship that lasts three years or more. Couples in a relationship of less than 3 years can in some circumstances have their property divided on the basis of their contributions. While that sounds simple enough, working out what it means in your case may not be straightforward. The family home and family chattels are to be divided equally, and in practice it i

Both parents have a continuing obligation to financially support their children even though the parents and their children will no longer be living together as a family. Parents can agree on how they will do this in the changed circumstances. But if agreement cannot be reached, either parent can apply to Inland Revenue Child Support for what is called a Formula Assessment of child support. This assessment works out how much one parent needs to pay the other having regard to

Sadly woman and children are all too often subjected to physical or psychological abuse. The Police and the Family Court take domestic violence very seriously. The first port of call for a victim of domestic violence is Women’s Refuge www.womensrefuge.org.nz. The first step in the Family Court process for a domestic violence victim is to urgently obtain a Temporary Protection Order, which the Police immediately serve on the perpetrator and start the process of trying to rem

Wills and estates A person of sound mind can make a Will leaving their estate to whom they wish. However if their Will means a breach of moral duty, perhaps owed to a dependent spouse or child, the Family Court can intervene to rectify the breach. Similarly if a Will fails to honour a testamentary promise the Court can rectify that. There are formal requirements for a valid Will such as it being in writing and the testator’s signature witnessed by two persons. However if the

When parents live apart it is usually best for children to continue their relationship with both their parents. Issues that typically need to be resolved revolve around their day to day care, arrangements over the time they are going to spend in each parent’s care, their schooling and all the other aspects of parenting. What is best for a particular child is always the determining factor in deciding what should happen. Parents can agree on what is best for their children’s ca

The role of the family lawyer When there is a relationship breakup issues inevitably arise around the care of children, division of property, child support and spousal maintenance. These issues are best agreed, and if agreed can be recorded in written agreements with the assistance of your lawyer. When agreement cannot be reached a Judge in the Family Court can decide the issues that you and your partner cannot resolve. When a spouse or partner dies issues often arise over d