Family Lawyers in Takapuna
What We Do
Everything we do sits under family law. Most people come to us for one of two things, which are arrangements for their children and dividing what they own. This page covers both, and the matters that tend to come with them.
If you are not sure which of these your situation is, that is normal, and it is not something you need to work out before you ring.
Care of Children
When parents separate, two things have to be settled: where the children live, how much time they spend with each parent, and who makes the larger decisions about school, health and where they live.
The law calls these day-to-day care and guardianship. They sit under the Care of Children Act 2004, and the starting point is always what is best for the child rather than what is fair between the parents. That distinction catches people out, and it is worth understanding early.
Most parenting arrangements never see a courtroom. You will usually need to attend Family Dispute Resolution and the free Parenting Through Separation course before the Family Court will accept an application, and a good number of matters settle through that process.
When agreement is not possible, or when a situation is urgent, we can file an application. Ruth is regularly appointed as Lawyer for the Child, so we know how these applications are read from the other side of the bench.
Relationship Property
If you have been together three years or more, the starting point under the Property (Relationships) Act 1976 is that relationship property is divided equally. That covers the family home and the contents of it regardless of whose name is on the title, and it usually covers KiwiSaver contributions and debt
as well.
The arguments are rarely about the principle. They are about what was relationship property and what was separate, what a business is actually worth, and what happens when assets sit in a trust.
Trusts are where most of our harder work is. They are common in New Zealand and they change what is available to divide, sometimes fairly and sometimes
not.
There are time limits. If you have dissolved a marriage or civil union you generally have twelve months to bring a claim, so it is worth getting advice
early even if you are not ready to do anything yet.
The question we are asked most is whether it is worth fighting.
Sometimes it is. More often the honest answer is that the thing
you are fighting over is worth less than the fight.
Ruth Kirkwood, Director
Other Matters We Handle
Separation and Dissolution
A separation agreement records what you have both agreed and makes it binding. Dissolution is the formal end of a marriage or civil union, and you can apply once you have been living apart for two years.
Contracting Out
Section 21 agreements, often called prenups. Worth doing when you are moving in together, marrying later in life, or bringing children and property from an earlier relationship.
Family Dispute Resolution
FDR is mediation with an accredited mediator, and it is a required step before most parenting applications can be filed. We prepare you for it and we can attend with you.
Protection Orders
Applications under the Family Violence Act 2018. Where there is immediate risk these can be made without notice, which means the other party does not know until the order is served.
How a Matter Usually Runs
The first meeting is 45 minutes. You tell us what has happened, and you leave with a plan whether or not you instruct us.
If you do instruct us, most of what follows is correspondence to the other party or their lawyer, positions are exchanged, and a good proportion of matters resolve there without anything being filed.
Where that does not work, the next step is usually mediation. For parenting matters that is FDR. For property it is more often a round table meeting with
both lawyers present.
Court is the last step and not the first. If we get there, you will have known well in advance what it is likely to cost and what your realistic range of
outcomes is.
Talk to Us
Get in touchIf you are not sure whether you need a lawyer yet, ring anyway. A short conversation costs nothing and it usually saves people a good deal of worrying.
Prefer to write first? Send a short note and we will come back to you. Nothing is assumed, and nothing is owed, until you decide to instruct us.