Matrimonial Property Division in New Zealand: Understanding Your Rights and Obligations
When a marriage or de facto relationship ends in New Zealand, couples must navigate the complex process of dividing their matrimonial property. This can be a challenging and emotionally charged experience, requiring the guidance of experienced family lawyers nz who specialize in matrimonial property division.
What is Matrimonial Property?
Matrimonial property, also known as relationship property, refers to the assets and debts acquired by a couple during their marriage or de facto relationship. This may include the family home, vehicles, bank accounts, investments, and even superannuation entitlements. The Property (Relationships) Act 1976 governs the division of matrimonial property in New Zealand, as stated in the legislation:
“The purpose of this Act is to reform the law relating to the property of married couples and civil union couples and of couples who live together in a de facto relationship.” – Property (Relationships) Act 1976, Section 1M
Equal Sharing Presumption
In New Zealand, there is a presumption that matrimonial property should be divided equally between the parties upon separation, unless there are exceptional circumstances. This means that both partners are entitled to an equal share of the relationship property, regardless of who purchased the assets or whose name they are in.
However, there are some exceptions to this rule, such as when one partner has made a significantly greater contribution to the relationship property or when there are extraordinary circumstances that would make equal sharing repugnant to justice.
Contracting Out Agreements
Couples can choose to “contract out” of the equal sharing presumption by entering into a written agreement, such as a pre-nuptial agreement or a separation agreement. These agreements allow couples to determine how their property will be divided in the event of separation, providing greater control and certainty over the process.
It is essential to seek the advice of a family law solicitor when drafting or reviewing a contracting out agreement to ensure that it is legally valid and enforceable.
The Role of Family Lawyers
Navigating the complexities of matrimonial property division can be overwhelming, especially during an emotionally challenging time. A skilled nz family lawyer can provide invaluable legal advice, represent your interests in court, and help you achieve a fair and equitable division of your relationship property.
Naomi Cramer, a leading family lawyer in New Zealand, offers insightful videos on her YouTube channel, covering various aspects of family law, including matrimonial property division. Her expertise and practical guidance can help individuals understand their rights and obligations during this difficult process.
Resolving Disputes
When couples cannot agree on the division of their matrimonial property, they may need to seek the assistance of a family court lawyer. The Family Court in New Zealand has the authority to make orders regarding the division of relationship property, taking into account factors such as the duration of the relationship, the contributions made by each partner, and the needs of any children involved.
In some cases, alternative dispute resolution methods, such as mediation or collaborative law, may be more appropriate for resolving matrimonial property disputes. These approaches can be less adversarial and more cost-effective than traditional litigation, allowing couples to maintain greater control over the outcome.
Conclusion
Matrimonial property division is a significant aspect of family law in New Zealand, requiring careful consideration and expert legal guidance. By understanding your rights and obligations under the Property (Relationships) Act 1976 and working closely with experienced family lawyers, you can navigate this complex process and achieve a fair and equitable division of your relationship property.
Remember, seeking the advice of a qualified family law solicitor is crucial to protecting your interests and ensuring that your rights are upheld throughout the matrimonial property division 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.
