Understanding Matrimonial Property Division in New Zealand
When a marriage or de facto relationship ends in New Zealand, one of the most complex aspects to navigate is the division of matrimonial property. Family lawyers NZ play a crucial role in guiding clients through this process, ensuring that their rights are protected and that they receive a fair share of the assets accumulated during the relationship.
What is Matrimonial Property?
Matrimonial property, also known as relationship property, refers to the assets and debts that a couple acquires during their marriage or de facto relationship. This may include the family home, cars, furniture, savings, investments, and even retirement funds. In New Zealand, the Property (Relationships) Act 1976 governs how matrimonial property is divided when a relationship ends.
According to the Property (Relationships) Act 1976, Section 11:
“All property owned jointly or in common by the spouses or partners shall be relationship property unless the court considers that it is just in the circumstances to treat the property or any part of it as separate property.”
Equal Sharing Principle
New Zealand law operates on the principle that matrimonial property should be divided equally between both parties, regardless of who purchased the assets or whose name they are in. This is known as the equal sharing principle. However, there are some exceptions to this rule, such as when one partner has made a significantly greater contribution to the relationship or when the couple has entered into a contracting out agreement.
The Role of a Family Law Solicitor
Dividing matrimonial property can be a complex and emotionally charged process, which is why it is essential to seek the guidance of an experienced NZ family lawyer. A skilled family court lawyer can help you understand your rights, negotiate with your ex-partner, and ensure that you receive a fair settlement.
When choosing a family law solicitor, it is important to look for someone with extensive experience in matrimonial property division cases. You may also want to consider factors such as their communication style, availability, and fees. Many family lawyers NZ offer free initial consultations, which can be a great opportunity to discuss your case and determine whether they are the right fit for you.
Resolving Disputes
In some cases, couples may be able to agree on how to divide their matrimonial property without the need for legal representation. However, if an agreement cannot be reached, a family court lawyer can help you explore alternative dispute resolution options, such as mediation or arbitration. These methods can often be faster, less expensive, and less stressful than going to court.
If a resolution cannot be reached through alternative dispute resolution, your case may need to be decided by a judge in the courtroom. In these situations, having a skilled family law solicitor by your side can make all the difference in ensuring that your interests are protected and that you receive a fair outcome.
Conclusion
Dividing matrimonial property can be one of the most challenging aspects of a separation or divorce. By understanding your rights and seeking the guidance of an experienced NZ family lawyer, you can navigate this process with greater confidence and peace of mind. Remember, a fair property settlement can provide a foundation for a more stable and secure future as you embark on the next chapter of your life.
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.
