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Divorce and separation law in Hamilton, New Zealand is governed by the Family Proceedings Act 1980 and Family Court Act 1980. These acts put family welfare and best interests of the children at the heart of all proceedings. Either party can apply for dissolution of marriage after they have been separated for two years. It's not required to prove wrongdoing in marriage for divorce.
Despite being a no-fault divorce system, the divorce process can be complex considering the wide spectrum of issues such as division of property, child custody, and maintenance payments. Emotional aspects can further complicate decision-making. In such cases, a lawyer can guide you through the legal intricacies, advocate for your rights, and ensure that the settlement is fair and equitable.
Under the Property (Relationships) Act 1976, property acquired during the marriage is usually divided equally between the parties. Exceptions can be made based on contributions to the relationship, future needs, and economic disparity after separation. For child custody, Family Court prioritizes children's best interests and usually encourages shared parenting where appropriate. Spousal maintenance might be awarded in cases where one party is unable to meet their own needs.
A legal separation takes place when a married couple agree to live apart on a permanent basis, but do not wish to proceed with a divorce.
An application for dissolution of marriage can be filed by either party or jointly, after two years of separation. The application goes through a District or Family court where a judge reviews and grants dissolution if criteria are met.
Usually, marital property is divided equally between the parties. But the court can alter the shares if it deems the equal sharing is not just and equitable.
Custody decisions are based upon the best interest of the child, emphasizing on their safety and well-being, with an inclination towards shared parenting where appropriate.
The spouse who earns more or is financially stable may be required to pay maintenance to the other, particularly if that person is unable to support themselves due to factors like childcare responsibilities or being out of the workforce for a long time.
Family Court of New Zealand and New Zealand Law Society can provide comprehensive information about the laws and processes of divorce and separation. The Office for Seniors provides a guideline for splitting property. Community Law Centres offer free legal advice.
If you need legal assistance, it's recommended to consult with a lawyer specialized in family law. Prepare a list of questions and desired outcomes from separation or divorce. Gather all relevant documents like prenuptial agreements, bank statements, property deeds, etc. Seek emotional support from trusted friends, family members or professional counselors.
