Clarity is crucial in divorce cases, especially those involving complex financial matters. A critical document in this process is the Section 25 Narrative Statement, a key tool used in family law in the Auckland. This statement helps the court understand each party’s position, financial circumstances, and future needs. Knowing how to create an effective Section 25 Narrative statement is essential if you’re going through a divorce or preparing for one.
What is a Section 25 Narrative Statement?
A Section 25 Narrative Statement is a document that each party in a divorce may need to submit to the court as part of the financial proceedings. The name comes from Section 25 of the Matrimonial Causes Act 1973, which sets out the court’s criteria for dividing assets and economic resources.
This narrative allows each individual to explain their situation, including their needs, contributions to the marriage, and any other relevant information. The goal is to provide the court with a comprehensive understanding of each party’s financial situation and needs for post-divorce support.
Why is it Important?
The Section 25 Narrative Statement guides the court’s decision-making process. By presenting clear, detailed, and truthful information, the parties involved ensure the court has a complete picture of their circumstances. This helps in making fair and reasonable financial settlements.
It also enables both parties to clearly articulate their requests, whether for spousal support, a share of the marital property, or child maintenance. A well-prepared Section 25 statement can significantly impact the outcome of financial settlements in a divorce.
Key Elements of a Section 25 Narrative Statement
To help you understand how to prepare a Section 25 Narrative Statement, here are the core components you should include:
- Personal Information and Background: Start with basic information such as your name, date of birth, and details about the marriage (e.g., length, children, any history of separation). Include relevant information about your living arrangements and any other key facts.
- Financial Overview: Provide a thorough breakdown of your financial situation
- Contributions to the Marriage: Acknowledge your financial and non-financial contributions during the marriage. This could include career sacrifices, raising children, or contributing to the household in other ways. The court considers both parties’ contributions when making decisions on asset division and support.
- Needs and Future Requirements: Clearly outline your ongoing financial needs and those of any dependents, such as children. This includes housing, maintenance, education costs, and any medical or special needs that should be considered in the settlement.
- Request for Financial Settlement: In this section, you’ll detail what you’re asking for regarding financial relief. Be specific, whether you’re requesting a particular amount of maintenance, a share of a property, or any other assets.
- Other Relevant Factors: If any other factors may affect the financial outcome of the divorce (e.g., health issues, ongoing care responsibilities, etc.), make sure to include them in the narrative.
Tips for Writing Your Section 25 Narrative Statement
Creating an effective Section 25 Narrative Statement can be daunting, but there are several tips to make it easier:
- Be Honest and Transparent: The court will assess your statement alongside the other party’s, so honesty is crucial. Omitting or misrepresenting information could backfire.
- Use Clear, Concise Language: Avoid jargon or overly complicated language. The court needs to understand your situation clearly.
- Stay Focused: Stick to the facts relevant to your financial circumstances and needs. Avoid unnecessary personal details that may distract from the core issues.
- Seek Professional Advice: Family law is complex, and having a solicitor guide you through this process can be invaluable. They can help ensure that your statement is both accurate and persuasive.
Conclusion
The Section 25 Narrative Statement is crucial to divorce proceedings, helping the court understand each party’s financial position and needs. By carefully outlining your financial situation, contributions, and requests, you can ensure the court has the necessary information to make a fair and reasonable decision. While it can be a detailed process, preparing a compelling narrative is essential for achieving a favourable outcome in your divorce settlement.
If you are unsure how to approach your Section 25 Narrative Statement, consulting with a solicitor can help you confidently undertake the process.
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
