Family Law in New Zealand: An Overview for Families

In New Zealand, family law covers a range of legal matters that impact families, from divorce and separation to child custody arrangements and domestic violence protection orders. When relationships break down or family disputes arise, it’s important to understand your rights and options under NZ family law. A family court lawyer can provide essential legal advice and representation to help you navigate these challenging situations.

Divorce and Separation

To obtain a divorce in New Zealand, you must demonstrate that your marriage has suffered an irreconcilable breakdown, meaning you’ve been separated for at least two years. The Family Court oversees divorce proceedings. If you have children under 16, the court will only grant a divorce once satisfactory arrangements are made for their day-to-day care. A family lawyer can guide you through the divorce process and help negotiate fair terms.

Child Custody and Parenting Arrangements

When parents separate, the most important consideration is the welfare and best interests of the children. The Care of Children Act 2004 governs parenting and guardianship matters in NZ. According to Section 5 of the Act:

“The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration in proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.”

A family court judge makes orders for day-to-day care and contact arrangements if parents cannot agree. A child custody lawyer advocates for your parental rights and your child’s wellbeing in these proceedings.

Domestic Violence and Protection Orders

If you’re experiencing domestic violence, you can apply to the Family Court for a protection order against the abusive person. Protection orders prohibit the respondent from contacting you or coming near your home or workplace. Breaching a protection order is a criminal offense. Family attorneys help victims obtain the legal protection they need.

Relationship Property Division

The Property (Relationships) Act 1976 sets out how assets are divided when married, civil union, and de facto couples separate. Generally, relationship property is divided equally between partners. This includes the family home, vehicles, furniture, investments, and more. However, separate property owned before the relationship or inherited during it may not be split. Your family law firm can represent your property interests in separation proceedings.

For expert family legal advice, contact an experienced family lawyer. Trusted NZ family law barrister Naomi Cramer provides helpful legal information on her YouTube channel @NaomiCramerLawyer. Consulting a skilled family court attorney ensures your rights are protected and you achieve fair, favorable outcomes in your Family Court case.

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.