Family related legal issues can be difficult to resolve, and can be the cause of arguments and frustration when several parties with differing opinions are involved. However as experienced Family Lawyers, David J Brown & Associates can help to smooth out the friction and ensure the best solution is achieved within a safe, legal environment.

It is possible and very desirable to protect assets that were owned prior to a new relationship commencing.

Agreements of this nature used to be called “Prenuptial Agreements” (“Prenup”) at the time when it was usual to protect assets when people were about to marry.

Now one document - a “Contracting Out Agreement” - is used for either marriage or de facto relationship situations.

If you own a home which is to become the “family home” for you and your spouse-to-be or partner-to-be you should protect that property as your asset with a Contracting out Agreement.  This is on the basis that the asset has not been acquired with any contributions from the other person.

As with all Agreements under the Property Relationships Act 1976 when the Agreement is to be signed each person needs to have separate and independent advice from an independent lawyer.

Separation / Relationship Property – Things to Consider

These are used in the course of a relationship or marriage to enable the transfer of property from one person to two people. 

In order to avoid gift duty on the transfer a Property Relationships Act (Equal Splitting) Agreement is signed.

As with all Agreements under the Property Relationships Act 1976 on signing the Agreement each party must have separate and independent advice – but this is nearly always in these circumstances straightforward, easy, and relatively cheap.

Separation / Relationship Property – Things to Consider

The end of a marriage is almost always a very difficult time for those involved. In fact, it is known that marriage break up is one of the most stressful situations to be involved in. We will take care of the legal matters as quickly and efficiently as possible. We will provide structure and solutions to get the best result we can for you. Book an appointment to discuss your needs.

Separation / Relationship Property – Things to Consider

“Matrimonial Property” was the title given to property in issue between people separating under the Matrimonial Property Act 1976.  The expression and the legislation was effectively replaced by the Property Relationships Act 1976 which came into force on 1 February 2002.

The Property (Relationships) Act 1976 outlines the rules pertaining to the division of property between spouses (including de facto couples). However, when disagreements arise over property distribution, it is wise to ensure you have the right legal advice and help at hand. Let our family law experience in relationship property work for you to get the best solution.

When you phone to make an appointment with regard to these matters we will advise you as to the particular items of information that we need to “set the scene” to give us enough information to take your instructions properly and give you advice.

Separation / Relationship Property – Things to Consider

We can help with the day to day care arrangements of your child or children that need to be decided because of separation or divorce, or if the current arrangements are not satisfactory.

We can also assist with situations where a new partner, grandparents or other caregiver need to apply for guardianship of a child.

There are “tried and true” guidelines applicable to these matters which we are familiar with and can help you to “put your best foot forward” to obtain the best result for you and your child or children.

As with “Property and Family Arrangements” (see elsewhere) it is necessary to be careful with regard to advances made by one family member to another.

In the past because of gift duty it has been essential to have the right documentation so that the person making the advance does not incur gift duty.

As noted elsewhere the Government has signalled that it will abolish gift duty at the end of 2011. We can give you advice as to your position now and as it is likely to be if gift duty is abolished.

It can be necessary or desirable to have an independent lawyer for each party so that each has independent legal advice.

We can guide you through the process as easily and effectively as possible.

In New Zealand there has now for a long time been just one ground for dissolving a marriage (formerly called “divorce”) – namely, two years apart.

Lawyers have traditionally been involved in assisting people to end their marriage after they have been apart the necessary period of time. 

It is however possible to approach the local Family Court to do most of the steps yourself.  There is a filing fee payable on an application of a Dissolution of Marriage.

It is possible to make an application yourself (“unilaterally”) or together with your “ex” (“joint” application).  An application and affidavits and documents are necessary to be filed.

We can help with any part of the process, even if it is just service on the other party etc.