Loans Or Gifts, Matrimonial/Relationship Property, De Facto Property, Contracting out Agreements, Separation, Custody/Access, Divorce/Dissolution of Marriage.
View the New Zealand Law Society family brochures.
Loan or gift
It is common for family members to assist others with loans from time to time. For example parents may assist a child by providing the deposit for the purchase of a house, etc. A Deed of Acknowledgement of Debt is a common document in family situations. Sometimes parents also sign a mortgage with the Bank to provide security. We then draft a Deed of Indemnity to cover the relationships between the family members and the obligations of each to the other.
Separation
When couples separate it is not necessary to apply to the Court for a Court Order. The fact of being apart and intending to separate is enough. It is also possible to be "living apart" under the same roof. Legal advice needs to be obtained with regard to these circumstances. N.Z. law provides for either party to be able to apply for dissolution of marriage after two years apart.
De facto property
The Property (Relationships) Act 1976 came into force on 1 February 2002. It applies to all relationships of couples. This is regardless of whether the relationship is male/female or male/male or female/female. If the relationship has existed for three years or if there is a child of the relationship then the Act applies to the distribution of property. It applies to division of property on parting and it also applies to division of property on the death of one of the partners. It is essential to receive legal advice if you are entering into a de facto relationship or marrying to ensure both parties know their rights and to protect separate property which existed prior to the relationship commencing. This is done by signing a Contracting Out Agreement. Both parties must have independent legal advice with their own respective lawyer.
Matrimonial/Relationship property
In 1976 the Matrimonial Property Act came into force. It provided a code which regulated the division of property between spouses on separation. That legislation has now been taken over by the Property (Relationships) Act 1976 referred to above under the heading of "De facto Property" and the Act now applies to all couples. Because the new legislation also provides a code (very similar to the old legislation) comparatively few cases have to go to Court but proceedings are commenced if agreement cannot be reached as to the division of property.
Custody/access
Under N.Z. law "custody" is defined as the right to the day to day care and control of the child. The expression "access" is commonly used to refer to the rights of the party who does not have custody. Both parents are guardians of the child or children and retain the right of a say over education, upbringing, religion, etc.
Divorce/dissolution of marriage
After two years apart either party may apply to the Family Court for dissolution of the marriage. It is also possible for parties to apply jointly. One party at least has to be domiciled in N.Z.
