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In Wellington, New Zealand, divorce and separation law falls under the jurisdiction of the Family Court. Separation, often a precursor to divorce, is when a couple decides to live apart. A divorce (also referred to as 'Dissolution of Marriage') can only be applied for if a couple has been separated for at least two years. Unarguably, the process can be emotionally taxing and complicated, especially where shared assets, children, and financial support are involved.
Although it's possible to undertake a divorce or separation without legal representation, engaging a lawyer can help simplify the process and eliminate potential conflicts. Legal experts can guide you through complex issues such as child custody, property division, and spousal support. If your separation is contested, or if you feel threatened or coerced, legal representation becomes even more crucial.
New Zealand’s 'no-fault' divorce system means the Family Court is not concerned with why the marriage ended. The key aspect being, the couple has lived separately for at least two years. If there are children involved, their best interests are paramount. The court looks favorably on joint care arrangements wherever possible, with the aim to minimize disruption to the children’s lives. The Property Relationships Act governs property division, generally split evenly unless there are extraordinary circumstances.
You can apply for a divorce either as an individual or jointly with your ex-partner. This requires completing a Family Court application form, including an affidavit supporting the dissolution. Court hearing attendance is not required unless there are irregularities in your application or if it is contested by your ex-partner.
An uncomplicated, uncontested divorce typically takes about six to eight weeks from the time you lodge your application. For separation, it is a two-year period before you can apply for a divorce.
Usually, assets are equally divided. However, an exception can occur if equal division would be repugnant to justice. Factors such as economic disparity post-separation, can influence property division.
The parents are encouraged to agree on day-to-day care and contact arrangements. If they can't agree, they must attend a Parenting Through Separation course, use Family Dispute Resolution or both. The Family Court will make a decision if the dispute continues.
It's not mandatory but is highly recommended. A separation agreement is a legally binding document, and a lawyer can ensure that your interests are adequately protected.
You may find the New Zealand Law Society and Community Law Wellington helpful for acquiring legal advice. The 'Family Court' website and 'Citizens Advice Bureau' provide free resources about separation and divorce.
If you need legal assistance for divorce or separation, seek a specialist lawyer in family law. Use sources such as the New Zealand Law Society’s 'Find a Lawyer' service, and always ensure the lawyer you select is a good fit for your requirements and situation.
