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In Auckland, New Zealand, the law sees marriage and civil union as a partnership. If this partnership ends, the court will equally distribute the property and assets accumulated during the union, known as relationship property. Divorce, commonly referred to as dissolution of marriage, can be processed if you have been separated for two years or more. If you're in civil union, you can dissolve it in a similar way. Since the Family Court deals with personal and emotional matters, it's important to acquire legal advice and guidance.
A lawyer can guide you through the legal process of separation or divorce, dealing with issues such as custody of children, child support, dividing relationship property, protection orders, and other practical matters. These processes can be complex and emotionally challenging – a lawyer's support could make this experience smoother and less stressful. More importantly, a lawyer can ensure your interests are properly represented.
New Zealand's law emphasizes that children's welfare and best interests should be the first and principal consideration. Parents are encouraged to agree on the day-to-day care of their children and how decisions about the children will be made. Relationship property is generally divided equally. However, there are exceptions which a lawyer can best explain. Applications for the dissolution of marriage or civil union can be made by a single party or jointly. Two years of separation is required before such an application can be made.
The Family Court typically takes about six weeks to legally dissolve a marriage or civil union from the time the application is filed.
Courts usually encourage parents to decide on the day-to-day care of the children. If they cannot agree, the court will decide based on the best interest of the child.
In general, the relationship property is divided equally. Exceptions can be discussed with a lawyer since every case is unique.
The cost will depend on how complicated the situation is and whether you use a lawyer. A fee is required for filing the dissolution application with the Family Court.
Yes, you can choose to revert to your former name after separation or divorce.
Family Court has several guides and online resources to help understand the court process. You can reach out to local community law centers free legal advice regarding your situation. The Citizens Advice Bureau is another useful resource that provides free advice and support.
Before proceeding with a divorce or separation, it's advisable to seek legal advice. This can be through appointing a lawyer, visiting a community law center, or consulting other legal sources. They can guide you on your rights, division of assets, and how to make the process as smooth as possible, especially when children are involved.
