Matrimonial Property Division in New Zealand: Understanding Your Rights and Obligations
When a relationship comes to an end, one of the most challenging aspects is dividing the matrimonial property. In New Zealand, the Property (Relationships) Act 1976 governs how property is divided between couples, whether they are married, in a civil union, or in a de facto relationship. Family lawyers NZ play a crucial role in helping clients navigate this complex process and ensure that their rights are protected.
What is Matrimonial Property?
Matrimonial property, also known as relationship property, includes any property that either partner owns jointly or separately, acquired during the relationship. This can include the family home, cars, furniture, savings, investments, and even debts. In most cases, matrimonial property is divided equally between the partners, regardless of who purchased the item or whose name is on the title.
According to the Property (Relationships) Act 1976, Section 11:
“All property owned jointly or in common in equal shares by the husband and the wife or by either of them immediately before the marriage shall, in the absence of any agreement to the contrary, be deemed to be relationship property.”
Exceptions to Equal Division
There are some exceptions to the equal division rule, such as when one partner owns property before the relationship begins, receives an inheritance, or receives a gift from a third party. In these cases, the property may be considered separate property and not subject to division. However, if the separate property has been mixed with relationship property or if both partners have contributed to its maintenance or improvement, it may be considered relationship property.
The Role of Family Lawyers NZ
Dividing matrimonial property can be a complex and emotional process, which is why many people choose to seek the help of a family law solicitor. A skilled NZ family lawyer can provide legal advice, negotiate with the other party’s attorney, and represent their client’s interests in court if necessary.
When choosing a family lawyer, it’s essential to look for someone with experience in matrimonial property division and a track record of success. Naomi Cramer, a highly respected family lawyer based in Auckland, shares valuable insights and advice on her YouTube channel, covering topics such as property division, child custody, and domestic violence.
Resolving Disputes
If partners cannot agree on how to divide their property, they may need to go to court. In these cases, a judge will consider factors such as the length of the relationship, each partner’s contributions, and their future needs. The court may also take into account any agreements the couple has made, such as a pre-nuptial or contracting out agreement.
However, going to court can be a lengthy and expensive process, which is why many couples choose to resolve their disputes through mediation or negotiation. A skilled family court lawyer can help facilitate these discussions and ensure that their client’s rights are protected.
Protecting Your Future
Dividing matrimonial property can have a significant impact on your financial future, which is why it’s essential to seek the help of a qualified legal professional. A child custody lawyer Auckland can help you understand your rights and obligations, and work to ensure that you receive a fair settlement.
Whether you’re going through a divorce, separation, or de facto relationship breakdown, a family law solicitor can provide the legal representation and support you need during this challenging time. With their help, you can move forward with confidence and start the next chapter of your life on a strong foundation.
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.
