lawHow To Get Divorced by Divorce Lawyer

December 30, 2019by Naomi Cramer

How To Get A Divorce

In New Zealand a divorce is no longer called a divorce, but the law now calls it a dissolution of marriage or civil union. I shall however use the terms divorce and dissolution interchangeably.

The Two Year Rule

You have to have been living apart from your spouse for at least two years immediately before you file an application for a dissolution of marriage. But you can get a Separation Order before then, and I encourage you to do so for several reasons.

The one and ONLY ground for a Court to grant an order dissolving a marriage, is that the marriage or civil union has irreconcilably broken down. The Courts view is; if you have been living apart from your spouse for at least two years then that shows that your marriage has broken down irreconcilably.

You will have to prove that you have been living apart from your spouse for the requisite period (two years). A separation order or separation agreement made after you have separated and start living separately will provide evidence to present to the Court proving that two years of living apart has passed as these documents should have the recorded the date you started living apart.

The Court HAS to dissolve a marriage once the ground for dissolution of marriage (irreconcilably broken down) has been proved. However, section 45(1)(a) of the Family Proceedings Act 1980 requires the Court to be satisfied that satisfactory arrangements have been made for the day to day care and maintenance of all children of the marriage or civil union before making an order dissolving the marriage or civil union.

So, provided that you have lived apart from you spouse for two years or more AND the Court is happy with child care arrangements, then either one of you or both of you can apply for a dissolution of marriage.

What To Do Now

If two years has not yet lapsed you are strongly encouraged to see your family lawyer to obtain a separation order or at least draft up a separation agreement to use as evidence when you do apply to the Court for an order dissolving your marriage (or civil union).

There are also other advantages to obtaining a Separation Order.

Call  09 213 9984 Now

by Naomi Cramer

If you are going through a divorce Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi specialises in family law having practised in this area for more than 20 years. She also serves the greater Auckland region as and when her services are called upon by his extensive client database. With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals.  Phone 09 213 9984 now.

Disclaimer

The information presented on this site should not be construed to be either formal legal or business advice or the formation of a lawyer/client, or business/client, relationship.