Insights & Articles

If one of your loved ones has left you out of their Will or you believe that their Will is unfair or their Will did not adequately provide for you, you may be able to make a claim under the Family Protection Act 1955 (the FPA) against their estate.

Considering relocating with your child to a different city or country? It's essential to understand that such a move requires the consent of the other parent. The decision about where a child lives is a significant guardianship matter, and both parents must agree on it.

Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved. Reaching an agreement about how a child's care will be shared can be challenging and deepen conflict between parents if they do not see eye to eye.

At the end of a relationship, both parties must fully disclose their assets and liabilities to divide their property fairly. If one party withholds information, reaching a fair agreement becomes difficult, and any agreement made could be challenged and possibly overturned later.

Upon separation, it's usually assumed that relationship property will be divided equally unless there's a prenuptial or premarital agreement. However, if there are special circumstances where equal division isn't fair, the court might order a different division to ensure fairness and justice.

When sorting out the monetary side of separation, the Property (Relationships) Act 1976 ("the Act") sets out how property is to be divided for relationships that qualify. It generally aims to divide property (the assets and liabilities including houses, cars, superannuation, mortgage loans etc.) in a way that is “fair”. This means the starting point is that property is divided equally. However, there are some exceptions.

After separation, one partner may need financial support while they transition to becoming financially independent. Spousal maintenance is separate from child support payments as its focus is on supporting an adult party rather than supporting any children. If a party has made an application for spousal maintenance, they can apply to receive interim maintenance urgently from the other party, to assist them financially in the interim while the final spousal maintenance proceedings are being settled.

If you and your partner intend to enter into a nikah, it is important to consult with a lawyer to advise you of the possible effects and implications of that agreement and your property rights should you and your partner separate. If you and your partner have already separated and you have entered into a nikah, a lawyer can also advise you on what that means for your relationship property entitlements.

Protecting assets has become an integral aspect of modern relationships, with the growing importance of prenuptial agreements for safeguarding individual interests. In June 2023, the New Zealand Supreme Court issued a significant ruling in the case of Sutton v Bell, which centered on Sections 44 and 26 of the Property (Relationships) Act 1976 ("PRA"). This decision marks a pivotal shift in the interpretation of key legal provisions governing property rights in relationships.

Countless families across New Zealand place their most valuable assets, such as their property, into a discretionary family trust. However, when a couple separate and each party is a trustee to the same family trust, conflict and disagreement will often arise as to the management and enjoyment of trust assets. Disagreements on internal trust matters have the possibility of turning into time-consuming, expensive and public proceedings in court. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.

When was it over? When to call it quits? When did you say goodbye? Am I separated? What's in a date? In the midst of a relationship breakdown, when you and your former partner are separated is not often a front-of-mind question. However, your separation date can be important information in family law proceedings.

Entering into a relationship property contracting out agreement ("prenuptial agreement" or "premarital agreement") allows couples to determine together how they would like their separate and shared property divided if separation or death occurs.

Parents have the mutual goal of wanting the best for their child. Naturally, there are disagreements as to what "the best" means. A notably difficult decision has arisen in recent years for parents about whether or not their child is going to receive the Covid-19 vaccine. This is a guardianship issue in family law.

At 3.00 pm on 28 September 2021, the Government announced changes to travel during the current Alert Level 3. Travel across the border from Level 3 into Level 2 has been strictly limited, but the new rules that take effect at 11:59 pm tonight (28 September 2021) now permit travel across the border if one or more of the following situations applies to you:

Due to the recent presence of the highly contagious Covid-19 Delta variant within communities throughout New Zealand, the country has been placed into an Alert Level 4 Lockdown. The stringent lockdown restrictions may have implications for parents who have shared care arrangements, Parenting Orders, or who are involved in Family Court proceedings. This can create an added level of stress and anxiety as parents try to navigate both lockdown rules and day-to-day care of their children.

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.

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?

The Chief Justice of the Supreme Court, the Right Honourable Helen Winkelmann, has assured the legal profession and members of the public that the Courts will be operational during all Covid-19 alert levels, including lockdown during alert level 4: "Courts are an essential service. New Zealand courts must continue to uphold the rule of law and to ensure that fair trial rights, the right to natural justice and rights under the New Zealand Bill of Rights Act are upheld."

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.

Amidst the Covid-19 lockdowns initiated by Prime Minister Jacinda Ardern on Monday 23 March 2020, many Kiwis are feeling stressed and uncertain about their current situation. When issues arise, especially at an unprecedented time like this, it’s often best to talk them out and work together to find positive solutions. If parenting, child welfare and other family issues arise that you need to discuss, we are here to assist.