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Free Guide to Hiring a Family Lawyer
Military divorce in Feilding is governed by New Zealand family law like any other divorce, but there are practical issues that commonly affect serving members of the New Zealand Defence Force and their families. Feilding is near Linton Military Camp, so many military personnel and their families live in the area. The legal framework you will encounter includes dissolution of marriage or civil union, care and guardianship of children, division of relationship property, and any urgent protection needs. The same statutes and courts apply to service members as to civilians, but deployment, posting, military pay and pensions, and NZDF processes can make the case more complex.
Engaging a lawyer experienced in family law and familiar with military circumstances can help protect your rights and speed the process. Common situations where legal help is important include:
- Complex property and pension issues related to military superannuation or service-related entitlements.
- Parenting disputes where one parent is deployed or likely to be posted overseas, and arrangements must account for irregular availability.
- Cases involving family violence that require urgent protection orders or safety planning.
- Jurisdictional or service problems when a spouse is posted overseas and documents cannot be easily served.
- Negotiating settlement agreements, contracting-out agreements (prenups), or mediation on relationship property and parenting.
- Applying for legal aid, preparing court documents, and representing you in the Family Court in Palmerston North or other venues.
Key local laws and court processes that are particularly relevant in Feilding and the surrounding Manawatu area include:
- Dissolution of marriage and civil unions: Applications to end a marriage or civil union are made under the Family Proceedings Act 1980. A common ground is irreconcilable breakdown evidenced by two years separation.
- Care and guardianship: The Care of Children Act 2004 governs who has parental responsibility, the care of children, and contact arrangements. The Family Court focuses on the best interests of the child.
- Relationship property: The Property (Relationships) Act 1976 guides the equal sharing of most relationship property accumulated during the relationship. Special rules apply to inheritances, gifts, and certain excluded property, as well as contracting-out agreements.
- Child support and maintenance: Child support in New Zealand is administered through Inland Revenue using statutory formulas. Spousal maintenance may be available under family law in circumstances of need.
- Family violence and protection orders: The Family Violence legislation provides for protection orders, police safety measures, and court remedies to protect victims. Urgent applications can be made where safety is at risk.
- Court process and dispute resolution: In many child-related matters, parties are expected to attempt family dispute resolution or mediation before proceeding to court, unless there are safety or urgency reasons. The Family Court sits in Palmerston North for people based in Feilding.
- Service and attendance: Deployment and overseas postings can affect the service of documents and attendance at hearings. Courts can permit alternative service methods and remote appearances by phone or video in many cases.
You can file for dissolution in the Family Court even if a spouse is deployed. The court can allow alternative methods for serving papers if the spouse is overseas or their whereabouts are uncertain. You should let the court know about deployment early and get legal advice on the correct method of service and timelines.
Most applications for dissolution require that the parties have lived apart for at least two years. There are narrow exceptions for hardship or other exceptional circumstances, but these applications are more complex and require strong legal grounds.
Military superannuation and pension entitlements can be relationship property and may be subject to division under the Property (Relationships) Act. The rules can be complex, especially for defined-benefit schemes and where contributions were made before the relationship. Specialist legal and financial advice is recommended.
Yes. The Family Court can make orders affecting property, children, and maintenance regardless of a party’s location. The court can facilitate remote attendance and will consider the practicality of enforcing orders across borders. Enforcement of overseas orders can raise additional legal issues.
Parenting arrangements should focus on the best interests of the child and practicalities of parental availability. Orders can specify care and contact that take into account deployment schedules, communication methods, and emergency protocols. Courts and mediators often encourage clear written parenting plans that set out routines and contingencies.
You may be eligible for legal aid for family law matters if you meet the means and merits tests administered by the Ministry of Justice. Eligibility depends on your financial situation and the legal issues involved. Legal aid can cover court work, representation, and some mediation, depending on the case.
If you or your children are at risk, contact the police immediately and seek safety first. The Family Court can issue protection orders quickly. There are also local support services and shelters. Document incidents of violence, keep evidence secure, and get legal advice about urgent court protection and ongoing safety planning.
The New Zealand Defence Force has legal services and welfare officers who can provide advice to serving personnel about service-related issues. However, NZDF legal support may not substitute for independent family law advice. Be aware of confidentiality limits and consider separate civilian legal representation for family law matters.
Typically, relationship property is divided equally between partners. The court will first identify relationship and separate property, value the assets, and then apply the Property (Relationships) Act. Agreements can be made between parties to divide property differently, and contracting-out agreements made before or during the relationship can affect division.
Useful documents include marriage or civil union certificates, birth certificates for children, bank statements, tax returns, payslips, NZDF records of service and entitlements, superannuation or pension statements, property titles, mortgage documents, and any existing agreements or protection orders. A chronology of events and copies of communication relevant to the case will also help your lawyer assess the situation.
For practical help and information, consider contacting or researching the following organisations and agencies in New Zealand:
- Family Court (District Court) services in Palmerston North - for filing and court procedures.
- Ministry of Justice - family law and legal aid information.
- Inland Revenue - child support administration and guidelines.
- New Zealand Defence Force - Legal Services and Welfare Branch for service-related advice and support.
- Community Law Centres - free or low-cost legal advice for eligible people in the Manawatu region.
- New Zealand Law Society - lawyer referral and practice standards.
- Citizens Advice Bureau - general guidance and practical support services.
- Women’s Refuge and local family violence services - safety planning and crisis support.
- Local mediation and family dispute resolution providers - for parenting and property mediation.
If you are facing a military divorce in Feilding, consider the following steps:
- Prioritise safety. If you or your children are in danger, contact the police and local crisis services immediately.
- Gather key documents outlined above and prepare a simple timeline of events, separations, and postings.
- Seek initial legal advice from a family lawyer experienced with military issues or from a Community Law Centre if finances are tight.
- Check eligibility for legal aid with the Ministry of Justice if you cannot afford a lawyer.
- Consider family dispute resolution or mediation for parenting and property agreements, unless there are safety concerns that make mediation inappropriate.
- Notify relevant agencies where needed - for example, Inland Revenue for child support, and NZDF welfare/legal services if you are a serving member seeking service-related assistance.
- If court action is necessary, your lawyer can help you prepare applications, seek urgent orders if required, and arrange service and remote attendance if deployment or overseas posting creates complications.
Getting expert advice early will help you understand your rights and options and make informed choices for you and your family.
