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Dividing Property After Divorce or Separation in New Zealand
When a relationship ends in New Zealand, whether by divorce or separation, one of the most contentious issues is often how to divide the couple’s property. This process is governed by the Property (Relationships) Act 1976. Generally, the law considers the property acquired during the relationship as relationship property to be divided equally between the parties, with few exceptions. Understanding your rights and obligations regarding matrimonial property division is crucial.
What is Considered Relationship Property?
Relationship property includes the family home, household items, vehicles, savings, investments, and any property acquired during the relationship, regardless of which partner owns it. There are some exceptions, such as inheritances or gifts received by one partner. Separate property owned before the relationship or after separation is generally not divided.
Section 11 of the Property (Relationships) Act 1976 states:
“Subject to sections 12 to 17A, on the division of relationship property under this Act, each of the spouses or partners is entitled to share equally in—
(a) the family home; and
(b) the family chattels; and
(c) any other relationship property.”
Applying for Property Division
If the couple cannot agree on how to divide their property, they can apply to the Family Court for a property division order. The court will consider the couple’s individual contributions to the relationship, both financial and non-financial, as well as the interests of any children. In some cases, the court may depart from the equal sharing principle if it would lead to an unjust outcome.
Contracting Out Agreements
Couples can choose to “contract out” of the Property (Relationships) Act by entering into a written agreement specifying how their property will be divided. This can be done before, during, or after the relationship. However, the agreement must meet certain legal requirements to be enforceable, so it is essential to seek legal advice from experienced family lawyers in NZ.
Importance of Seeking Legal Advice
Property division can be a complex and emotionally charged process, especially when domestic violence or children are involved. Consulting with a family law solicitor or family court lawyer can help you understand your rights, obligations, and options. A skilled NZ family lawyer can represent your interests in court, negotiate with your ex-partner’s attorney, and work towards a fair property settlement.
For more informative videos about family law topics, check out Naomi Cramer’s YouTube channel, where she shares her expertise as an experienced family lawyer in New Zealand.
Navigating the legal system during a relationship breakdown can be daunting, but with the right legal advice and representation, you can protect your rights and achieve a just outcome in the Family Court. Remember, every case is unique, and the guidance of a knowledgeable family lawyer is invaluable when facing the challenges of property division.
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.
