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In Tauranga, like the rest of New Zealand, divorce and separation are legal processes that formally end a marriage or de facto relationship. If married, you can apply for a dissolution of marriage (divorce) after two years of separation, and there’s no requirement to prove who was at fault. For de facto relationships, especially those involving children or assets, similar rules apply, except that no formal 'divorce' is granted.
You may need a lawyer in situations of divorce and separation when you're unable to agree on terms with your spouse, or if the divorce is contested. Factors like child custody, division of property, spousal maintenance, and dealing with matrimonial debts can turn a straightforward separation process into a complex one. A lawyer helps guide you through the process, explains your rights, and represents you in negotiations and court proceedings if needed.
The Property (Relationships) Act 1976 governs the division of property under New Zealand law. It stipulates that relationship property (shared assets) should be divided equally upon separation. However, exceptions exist, and unique circumstances might lead to a different division of property. Child custody and support are mainly ruled by the Care of Children Act 2004 and the Child Support Act 1991. In child custody cases, the court primarily considers the best interests of the child.
Yes, you can. As long as you or your spouse live in New Zealand as a resident, you can apply for a divorce under New Zealand law, regardless of where you were married.
No, the consent of the other party isn't required. A divorce can proceed as long as you and your spouse have been living separately for at least two years.
Assets acquired during the relationship, such as the home, are typically divided equally. However, certain exceptions can impact this 50/50 division, such as the presence of children, or if the division would result in serious injustice.
Courts prioritize the child's well-being and best interest in custody cases. Factors considered include the child's age, health, emotional ties, adjustment to home, school, and community, and the willingness of each parent to maintain a relationship between the child and the other parent.
Spousal maintenance isn't always mandatory but can be ordered when one party cannot meet reasonable needs due to specific circumstances like the physical custody of a child or inability to be self-supportive.
For further legal advice on divorce and separation, local institutions like the Tauranga Citizens Advice Bureau and Family Court can be helpful. The New Zealand Law Society and Ministry of Justice websites provide useful resources and information as well.
If you require legal assistance in divorce and separation, start by consulting with a family law attorney. They will provide advice specific to your situation, guide you through the process, and ensure your rights are protected. You may also use legal aid services if you cannot afford an attorney.
