Understanding Family Law in New Zealand: Divorce, Custody, Domestic Violence, and More

Family law is a complex and emotionally charged area of the legal system in New Zealand. It covers a wide range of issues that can deeply impact individuals and families, including divorce, separation, child custody, domestic violence, protection orders, and relationship property division. In this blog post, we’ll provide an overview of these key aspects of family law to help you better understand your rights and options.

Divorce and Separation

In New Zealand, a couple must be separated for at least two years before they can apply for a divorce. The process involves filing an application with the Family Court, which will grant the divorce if it is satisfied that the marriage has irretrievably broken down. It’s important to note that a divorce only legally ends the marriage; it does not resolve issues such as child custody or property division, which must be addressed separately.

For more information on the divorce process, check out this informative video by Naomi Cramer, a experienced family court lawyer.

Child Custody

When parents separate or divorce, determining child custody arrangements is crucial. The primary consideration is always the welfare and best interests of the child. Family lawyers can assist in negotiating parenting agreements or representing clients in court proceedings. The Family Court may issue parenting orders, which outline each parent’s responsibilities and time spent with the child.

The Care of Children Act 2004 states:

“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.”

Domestic Violence and Protection Orders

Domestic violence is a serious issue that affects many families in New Zealand. Victims of domestic violence can seek protection orders from the Family Court, which prohibit the abuser from contacting or coming near the protected person. A family lawyer can assist in applying for a protection order and provide legal representation in court.

Relationship Property Division

When a relationship ends, couples must divide their shared assets and liabilities. The Property (Relationships) Act 1976 governs how relationship property is divided in New Zealand. Generally, relationship property is divided equally between partners, unless there are exceptional circumstances. A family court lawyer can help negotiate a fair property settlement or represent clients in court if an agreement cannot be reached.

Navigating the complexities of family law can be challenging, but understanding your rights and seeking appropriate legal advice from experienced family lawyers can help you make informed decisions and protect your interests during this difficult time.

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.