Understanding Family Law in New Zealand

Family law is a complex area of the New Zealand legal system that deals with sensitive issues like divorce, separation, child custody, domestic violence and relationship property. When going through difficult family situations, it’s important to understand your rights and obligations under the law. This article provides an overview of key aspects of family law in New Zealand. For personalized legal advice about your specific situation, contact a reputable family court lawyer or family law firm.

Divorce and Separation

The Family Proceedings Act 1980 governs the process of divorce in New Zealand. To apply for a divorce, you must demonstrate that your marriage or civil union has experienced “irreconcilable breakdown” with no likelihood of reconciliation. You and your partner must also have lived apart for at least two years. A family lawyer can guide you through the divorce process and help resolve related issues like relationship property division and childcare arrangements.

Child Custody

When a couple separates, the Care of Children Act 2004 provides for the welfare and best interests of any children involved. The law emphasizes cooperative parenting arrangements where both parents share custody and guardianship responsibilities, unless this would threaten the child’s safety and wellbeing. Family lawyers and the Family Court can assist with negotiating and formalizing a parenting plan outlining each parent’s role in providing day-to-day care and contact with the child. As stated in Section 5(a) of the Act, “The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration.”

Domestic Violence and Protection Orders

New Zealand has strong laws against domestic and family violence. Under the Family Violence Act 2018, a person who is experiencing physical, sexual or psychological abuse from a family member can apply to the Family Court for a protection order. As explained by the Ministry of Justice, a protection order “is a court order that imposes conditions on the respondent (the person who used family violence) to stop them from using family violence and keep the applicant (the person who applied for the order) and any children safe.” Reputable family law firms like Turner Hopkins and McVeagh Fleming can assist with obtaining protection orders.

Relationship Property

The Property (Relationships) Act 1976 sets out rules for how property is divided when married, civil union and de facto couples separate. The general rule is that relationship property is divided equally between the partners. According to Section 11, “All relationship property shall be divided equally between the spouses or partners.” However, there are exceptions where the court considers an equal split would be “repugnant to justice.” An experienced family court lawyer can advise on your entitlements and help negotiate a fair property settlement. See https://www.legislation.govt.nz/act/public/1976/0166/latest/whole.html

For more information on these and other family law issues, check out this helpful video from Auckland family lawyer Naomi Cramer:

If you need legal representation from a skilled family lawyer, consider contacting one of these well-regarded Auckland law firms:
– McVeagh Fleming:
– Priestley Law
– Rechtsanwalt

This article is for general informational purposes only. 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 from a qualified attorney.