Navigating Matrimonial Property Division in New Zealand: A Comprehensive Guide
When a marriage or de facto relationship ends in New Zealand, dividing the couple’s property can be a complex and emotionally challenging process. Family lawyers NZ play a crucial role in guiding clients through this difficult time, ensuring that their rights are protected and that they receive a fair share of the matrimonial property. In this article, we’ll explore the key aspects of matrimonial property division in New Zealand and how a skilled family law solicitor can help you navigate this process.
Understanding the Property (Relationships) Act 1976
The Property (Relationships) Act 1976 is the primary legislation governing the division of property when a marriage, civil union, or de facto relationship ends in New Zealand. According to the Act:
“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.”
The Act establishes the principle of equal sharing, which means that both partners are generally entitled to an equal share of the relationship property, regardless of who owns it or how much each partner contributed to its acquisition.
Defining Relationship Property
Relationship property includes assets acquired by either partner during the relationship, such as the family home, cars, furniture, and joint bank accounts. It also includes any increase in the value of separate property (assets owned before the relationship or inherited) due to the actions or contributions of the other partner.
Separate property, on the other hand, remains the property of the individual partner and is not subject to division under the Act. However, if separate property has been used for the benefit of the relationship or has increased in value due to the other partner’s contributions, it may be considered relationship property.
The Role of a Family Lawyer in Property Division
Engaging the services of an experienced NZ family lawyer is essential when navigating matrimonial property division. A skilled attorney can provide valuable legal advice, represent your interests in court, and work to ensure that you receive a fair settlement.
Your family court lawyer will help you identify and value the relationship property, negotiate with your former partner or their legal representation, and draft a binding property agreement. If an agreement cannot be reached, your lawyer will represent you in court proceedings before a judge, presenting evidence and arguments to support your case.
Factors Considered in Property Division
When determining the division of matrimonial property, the court considers several factors, including:
- The length of the relationship
- The contributions of each partner to the relationship (financial and non-financial)
- The needs of any children involved
- The future earning capacity of each partner
- Any sacrifices made by either partner for the benefit of the relationship (e.g., giving up a career to raise children)
In some cases, the court may deviate from the principle of equal sharing if it would lead to an unjust outcome. For example, if one partner has significantly greater financial needs due to a disability or the care of children, they may be awarded a larger share of the property.
Seeking Legal Advice
If you are facing matrimonial property division in New Zealand, it is crucial to seek the guidance of a reputable family lawyer NZ. They can provide the legal advice and representation you need to protect your rights and ensure a fair outcome.
For more information on family law in New Zealand, consider subscribing to Naomi Cramer’s YouTube channel, where she shares valuable insights and advice on various family law topics, including property division, child custody, and domestic violence.
Remember, the decisions made during property division can have long-lasting effects on your financial well-being. Investing in the services of a skilled family law solicitor can help ensure that your rights are protected and that you can move forward with confidence.
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.
