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Why might I need a Family Lawyer?

28/1/2016

We are all a member of a family. A specialist Family Lawyer can assist you with the many legal issues that might arise out of your family relationships.

Family Law isn’t limited to issues that arise when people separate. You may need a Family Lawyer for these matters concerning children:

• Proceedings involving grandparents and other family/whanau members
• Acting for parents when Child, Youth and Family (CYF) are involved
• Obtaining parenting orders for CYF caregivers ("Home For Life")
• Paternity applications
• Applications by fathers or grandparents for guardianship of a child
• Adoption applications

A significant proportion of a specialist Family Lawyer’s work is to do with property, such as:
• “Pre-nuptial” property sharing agreements
• Overturning unfair relationship property settlement agreements.
• Challenging wills of deceased relatives
• Protection of Personal and Property Rights proceedings and Enduring Powers of Attorney
• Applications to review decisions by the Commissioner for Inland Revenue concerning child support

In the above situations, you will almost certainly benefit from a specialist family lawyer’s advice.

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DIY Divorce online NZ

4/11/2015

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Type “divorce” into Google and somewhere near the top of the searches there will likely be a link to a .com site suggesting you should start arranging your divorce with their help. Be careful of using such sites. Typically it will be a site registered outside of New Zealand. Typically you won’t be able to get far into the site until after you’ve paid your money. And certainly, all the site will do is give you access to documents already available FOR FREE from any District Court/Family Court or online from the Ministry of Justice.

In New Zealand, divorce is legally called “dissolution of marriage.” This is a separate process to sorting out care of children or dividing relationship property. You will need a lawyer for settling relationship property, you may not need a lawyer for negotiating care of children and you certainly don’t need a lawyer for the dissolution of your marriage.

A helpful, easy to use application pack is available from any Family Court or online from the Ministry of Justice. Most people are quite capable of filling out the forms themselves, for their DIY divorce. Save your money and don’t give it to off-shore internet companies. If you do need some legal advice, seek professional advice from a NZ-based specialist family lawyer, or a community law centre.

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But a pre-nup is so expensive!

20/10/2015

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Yes, a good contracting out agreement will cost you (probably over $1,000 each and maybe more) but this is not somewhere to skimp and save. Coming back to my insurance analogy from an earlier post – you probably pay in excess of $700 on house insurance each year. Not because you intend or know that your house will burn down this year, but just in case it does. And the chance of that happening in any one year is minuscule! Over 20 years of home ownership you may spend $14,000 on insurance and never make a claim.

Contrast that to the 100% likelihood that your relationship will eventually end (either by separation or death) and a one-off cost of, say, $3,000 suddenly doesn't seem so exorbitant.

And be warned about looking for the cheapest pre-nup around: a poorly drafted agreement will cost you an awful lot more in the long-run. Unless the agreement is well drafted in accordance with the law, based on full disclosure and written specifically for your individual circumstances, it will be left wide open to challenge in the future. Not only will the agreement not be worth the paper it is written on, but you could be out of pocket by many thousands of dollars in legal fees before you realise it.

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It’s so unromantic to talk about a pre-nup!

7/10/2015

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Sure, it isn’t a discussion you probably want to have while on a special date night, but it is a conversation every couple should have at some time, and certainly within the first year or so of a relationship.

Of course you don’t want or plan for your relationship to end, but hey, you don’t plan for your house to burn down or for your car to be stolen either, but you insure them, just in case. And in the same way you need to insure your precious and valuable assets against being halved when your relationship inevitably ends.

Hang on? Inevitably!? That's a very unromantic attitude! Well, yes, but sorry, every relationship ends eventually – either by separation or by the death of one of you. And with a well-drafted pre-nuptial (aka contracting out) agreement (and of course a will), you can be confident that what you and your partner intend to happen to your assets, will happen.

Having a pre-nup is especially important if you have children from an earlier relationship, or if you are bringing significantly more assets into the relationship than your partner is.

And don’t leave it too long – once you’ve been together for three years, the Property (Relationships) Act has taken hold, and the discussion will be a much more difficult one! Contact a specialist Family Lawyer now to discuss insuring your assets.

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I've just separated - what do I need to do?

23/9/2015

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Many clients will first instruct a Family Lawyer when they separate, or, even better, when they are contemplating separation. A specialist Family Lawyer can help with issues such as:

• Where will your children live after you separate? How can you set things up so that both parents continue to be involved?
• Guardianship disputes: both parents need to be involved in decisions about name changes, medical issues, schooling or moving out of town or overseas. If you can’t get your ex-partner to listen to your views, a lawyer may be able to!
• Relationship property will need to be identified, valued and divided. In most cases, the sooner this is done, the better.
• Often one party is in a much better financial position than the other. There may be child support or maintenance that should be being paid.
• If there has been domestic violence, you may need urgent assistance to obtain a protection orders to ensure your safety and that of your children.

A good Family Lawyer won’t rush you off to Court unless that is what is absolutely necessary, so be sure to engage a specialist Family Lawyer who knows the least divisive, least expensive and most effective solutions to the issues you are facing.

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Why might I need a Family Lawyer?

DIY Divorce online NZ

But a pre-nup is so expensive!

It’s so unromantic to talk about a pre-nup!

I've just separated - what do I need to do?

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Categories

​Why might I need a Family Lawyer?

DIY Divorce online NZ

But a pre-nup is so expensive!

It’s so unromantic to talk about a pre-nup!

I've just separated - what do I need to do?

Archives

Categories

Why might I need a Family Lawyer?