Understanding Matrimonial Property Division in New Zealand
When a relationship ends, one of the most challenging aspects is dividing the matrimonial property. In New Zealand, the Property (Relationships) Act 1976 governs how property is divided between partners when they separate or divorce. Family lawyers NZ play a crucial role in helping clients navigate this complex process and ensure a fair outcome.
What is Matrimonial Property?
Matrimonial property, also known as relationship property, is any property acquired by either partner during the relationship. This includes the family home, cars, furniture, savings, and investments. It also includes any debts incurred during the relationship, such as mortgages or credit card balances.
The Property (Relationships) Act 1976 defines matrimonial property as:
“Property owned jointly or in common in equal shares by the married couple or by either spouse immediately before the marriage.”
A family law solicitor can help you understand what constitutes matrimonial property in your specific situation.
Equal Sharing Principle
The Property (Relationships) Act 1976 is based on the principle of equal sharing. This means that, in most cases, matrimonial property is divided equally between the partners when they separate or divorce. However, there are some exceptions to this rule, such as when one partner has made a significant contribution to the relationship or when there are extraordinary circumstances.
An experienced NZ family lawyer can assess your situation and advise you on whether any exceptions apply in your case.
Contracting Out Agreements
Partners can choose to “contract out” of the Property (Relationships) Act 1976 by entering into a property agreement. This agreement sets out how their property will be divided if they separate or divorce. Contracting out agreements can be made before, during, or after the relationship.
A family court lawyer can help you draft a contracting out agreement that meets your specific needs and ensures that it is legally enforceable.
Resolving Property Disputes
If partners cannot agree on how to divide their matrimonial property, they may need to go to court. The YouTube channel of Naomi Cramer, a family law barrister, provides valuable insights into the court process and what to expect when resolving property disputes.
Going to court can be a lengthy and expensive process. A child custody lawyer Auckland can represent you in court and argue your case before a judge. However, it is always preferable to try to reach an agreement through mediation or negotiation first.
Domestic Violence and Property Division
If there has been domestic violence in the relationship, this can impact how matrimonial property is divided. The court may take into account any physical, sexual, or psychological abuse when deciding how to divide the property.
A family law attorney can provide legal advice and representation to victims of domestic violence and ensure that their rights are protected throughout the property division process.
Conclusion
Dividing matrimonial property can be a complex and emotional process. It is important to seek legal representation from a qualified family law firm to ensure that your rights are protected and that you receive a fair outcome. A family lawyer can provide you with the legal advice and support you need during this challenging time.
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.
