Navigating the Complexities of Matrimonial Property Division in New Zealand
When a marriage or de facto relationship comes to an end in New Zealand, one of the most challenging aspects is the division of matrimonial property. Family lawyers NZ play a crucial role in guiding clients through this complex process, ensuring that their rights are protected and that they receive a fair share of the assets accumulated during the relationship.
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. As stated in 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.”
A family law solicitor can help you understand your rights and obligations under this Act, ensuring that you receive your fair share of the relationship property.
Equal Sharing Presumption
The Property (Relationships) Act 1976 operates on the presumption that both partners contribute equally to the relationship, regardless of their financial contributions. This means that, in most cases, the relationship property will be divided equally between the partners when the relationship ends.
However, there are some exceptions to this rule, such as when one partner has made significant sacrifices for the relationship, like giving up a career to care for children or support their partner’s business ventures. In such cases, a family court lawyer can argue for a greater share of the relationship property for their client.
Separate Property vs. Relationship Property
Not all property owned by the partners is considered relationship property. Separate property, which includes assets acquired before the relationship began, gifts, and inheritances, is generally not subject to division when the relationship ends.
However, separate property can become relationship property if it is used for family purposes or if the non-owning partner has contributed to its maintenance or improvement. A skilled NZ family lawyer can help you determine which assets are relationship property and which are separate property.
Contracting Out of the Property (Relationships) Act 1976
Couples can choose to “contract out” of the Property (Relationships) Act 1976 by entering into a written agreement that sets out how their property will be divided if the relationship ends. These agreements, often referred to as “prenuptial agreements” or “relationship property agreements,” can provide certainty and protect individual assets.
However, these agreements must be carefully drafted by a family law solicitor to ensure that they are legally enforceable and do not unfairly disadvantage either partner.
The Role of Family Lawyers in Matrimonial Property Division
Family lawyers NZ are essential in helping clients navigate the complex process of matrimonial property division. They provide expert legal advice, negotiate settlements, and represent clients in court if necessary.
When choosing a family lawyer, it is essential to select someone with experience in matrimonial property division cases, as well as a deep understanding of the Property (Relationships) Act 1976 and related legislation. Look for a NZ family lawyer who is empathetic, responsive, and committed to achieving the best possible outcome for their clients.
For more information on family law matters in New Zealand, consider subscribing to Naomi Cramer’s YouTube channel, where she shares valuable insights and advice on a wide range of family law topics, including matrimonial property division, child custody, and domestic violence.
Matrimonial property division can be a stressful and emotionally charged process, but with the guidance of a skilled family court lawyer, you can ensure that your rights are protected and that you receive a fair share of the relationship property. Remember, seeking legal representation early in the process can help you avoid costly mistakes and achieve a more favorable outcome in the courtroom.
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.
