Navigating New Zealand’s Matrimonial Property Division Laws
When a marriage or de facto relationship ends, one of the most complex and emotionally charged aspects is the division of matrimonial property. In New Zealand, the Property (Relationships) Act 1976 governs how assets are divided between separated couples. This article will provide an overview of matrimonial property division laws in New Zealand and the role of family lawyers nz in the process.
What is Matrimonial Property?
Matrimonial property, also known as relationship property, refers to assets acquired by either or both partners during the course of their marriage or de facto relationship. This can include the family home, vehicles, furniture, savings, investments, and even debts. Generally, any property obtained after the relationship began is considered matrimonial property and is subject to division.
There are some exceptions, such as gifts or inheritances received by one partner during the relationship, which may be treated as separate property if certain conditions are met. An experienced family law solicitor can help you navigate these nuances and protect your interests.
Equal Sharing Presumption
New Zealand law operates on the presumption that matrimonial property should be divided equally between partners, regardless of who purchased the assets or whose name they are in. This is based on the principle that both partners contribute equally to the relationship, whether through financial means or non-financial contributions like childcare and household management.
As stated in Section 11 of the Property (Relationships) Act 1976:
“If, on the division of relationship property, the share of each spouse or partner is equal, no order shall be made under this section unless, having regard to the matters referred to in subsections (2) and (3), the court considers that there are extraordinary circumstances that make equal sharing repugnant to justice.”
This means that the court will only deviate from equal sharing if there are exceptional circumstances that would make an equal split extremely unfair.
Contracting Out Agreements
Couples can choose to “contract out” of the Property (Relationships) Act by entering into a written agreement that specifies how their assets will be divided in the event of a separation. These agreements, often referred to as prenuptial or postnuptial agreements, can be made before, during, or after the relationship.
For a contracting out agreement to be legally binding, both partners must receive independent legal advice before signing the document. A knowledgeable nz family lawyer can assist you in drafting a fair and comprehensive agreement that protects your interests.
The Role of Family Lawyers in Property Division
Navigating matrimonial property division can be a complex and emotionally challenging process. Engaging the services of a skilled family court lawyer is crucial to ensure that your rights are protected and that you receive a fair settlement.
A family lawyer nz can provide valuable guidance on your entitlements, help you negotiate with your former partner, and represent you in court if necessary. They can also assist with related matters such as spousal maintenance, child custody, and domestic violence issues.
When choosing a family law solicitor, it’s essential to select someone with extensive experience in matrimonial property division cases. Look for a law firm with a proven track record of achieving favorable outcomes for their clients and a reputation for providing compassionate and personalized legal representation.
Conclusion
Matrimonial property division is a significant aspect of family law in New Zealand. Understanding your rights and obligations under the Property (Relationships) Act 1976 is essential to ensure a fair and equitable settlement. By engaging the services of an experienced family lawyer nz, you can navigate this challenging process with confidence and protect your financial future.
For more informative content on family law topics, visit Naomi Cramer’s YouTube channel, where she shares valuable insights and advice from her extensive experience as a family court lawyer in New Zealand.
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.
