About Divorce & Separation Law in Christchurch, New Zealand
In New Zealand, including Christchurch, the applicable law related to divorce is termed as dissolution of marriage. This can be achieved through two ways: a joint application by both parties or a sole application by one party. This application can only be made after separation has occurred for two years or more.
Why You May Need a Lawyer
The process of divorce or separation can be complex, especially when it involves various aspects such as child custody, division of property, or maintenance. A skilled lawyer can provide advice and guidance, make sure your rights are protected, and help negotiate fair terms. They can also assist you in understanding the complex legal aspects and proceedings, making a stressful situation easier to handle.
Local Laws Overview
New Zealand law requires that any couple wishing to dissolve their marriage must have been separated for at least two years. The law does not consider who is at fault. Furthermore, in the matter of property division, New Zealand operates under the principle of equal division. This equal-sharing applies regardless of who owned the property or who earned the money. However, some exceptions apply and a lawyer can give you more specific advice in this regard. The law also provides guidelines for child custody, favoring arrangements that serve the best interest of the child.
Frequently Asked Questions
What is the process for filing a divorce?
A divorce can be applied for by one party or both jointly after a two-year period of separation. The application is then filed with the Family Court and a decision is made after a hearing process.
How is property divided in a divorce?
Property is generally split equally in divorce proceedings in New Zealand, though there are exceptions. It is advisable to consult with a lawyer to understand exactly how this works.
How is child custody decided?
Custody arrangements in New Zealand are made with the best interest of the child in mind. The parents are encouraged to come to an agreement, but if not, the Family Court will decide.
Do I have to attend court to get divorced?
If the divorce is uncontested, your presence is usually not needed in court. However, if the divorce is contested, you will probably have to attend court. Your lawyer can best advise you in this regard.
How long does a divorce take?
The duration of the divorce process can vary, but if it is straightforward and uncontested, it usually takes a few months.
Additional Resources
Some resources you may find helpful include the New Zealand Law Society, the Family Court website, or the Citizens Advice Bureau. Each of these provide free general advice and guides on matters relating to divorce and separation.
Next Steps
If you need legal assistance in divorce or separation, seek advice from a lawyer specialized in family law. You may also look for more tailored advice from the aforementioned resources or engage a law firm that offers free initial consultations if you are uncertain about your needs.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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