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Divorce in New Zealand: A Comprehensive Guide

Divorce can be a challenging and emotional process for all parties involved. In New Zealand, the process of obtaining a divorce is governed by the Family Proceedings Act 1980. This article will provide an overview of the divorce process in New Zealand, including the grounds for divorce, the application process, and the role of family lawyers NZ in the process.

Grounds for Divorce in New Zealand

In New Zealand, the only ground for divorce is that the marriage has broken down irretrievably. This means that the relationship between the parties has broken down to such an extent that it is unlikely to be reconciled. The court will not consider the reasons for the breakdown of the marriage, only that it has occurred.

To prove that the marriage has broken down irretrievably, the parties must have been separated for at least two years. Separation can occur even if the parties continue to live under the same roof, provided they are living separate lives.

The Divorce Application Process

To apply for a divorce in New Zealand, one of the parties must file an application with the Family Court. The application must include a statement that the marriage has broken down irretrievably and that the parties have been separated for at least two years.

The Family Proceedings Act 1980 states:

“An application for an order dissolving a marriage shall be made by filing in the office of a District Court an application in duplicate that includes a statement of claim that the marriage has broken down irreconcilably.”

Once the application has been filed, a copy will be served on the other party. The other party has the opportunity to file a response to the application, although this is not required. If no response is filed, the court will proceed with the application on an undefended basis.

The Role of Family Lawyers in Divorce Proceedings

While it is possible to apply for a divorce without the assistance of a family law solicitor, it is highly recommended to seek legal advice from a qualified NZ family lawyer. A family court lawyer can provide guidance on the divorce process, assist with the preparation of the necessary documents, and represent the parties in court if required.

In addition to assisting with the divorce application itself, family lawyers NZ can also provide advice on related issues such as property division, spousal maintenance, and child custody arrangements. These issues can be complex and emotionally charged, and it is important to have legal representation to ensure that your rights and interests are protected.

For those experiencing domestic violence, a family law solicitor can also provide assistance with obtaining a protection order and ensuring the safety of all parties involved.

When selecting a family lawyer NZ, it is important to choose someone who is experienced in family law matters and who you feel comfortable working with. Many law firms offer free initial consultations, which can be a good opportunity to discuss your situation and determine whether the NZ family lawyer is a good fit for your needs.

For more information on family law issues in New Zealand, you can check out the informative videos on Naomi Cramer Lawyer’s YouTube channel. Naomi is an experienced child custody lawyer Auckland who provides valuable insights into various aspects of family law.

Divorce can be a difficult and stressful process, but with the assistance of a qualified family court lawyer, it is possible to navigate the process and achieve a fair and equitable outcome. If you are considering divorce in New Zealand, it is important to seek legal advice as soon as possible to ensure that your rights and interests are protected throughout the process.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.