Warkworth Separation Lawyer A Guide to Separation and Divorce

Divorce or separation can be a difficult time for the parties involved and can be more difficult if children are involved. However, divorce or separation is not the only option for those in a troubled marriage. A formal declaration of the dissolution of marriage takes a long period of time and is costly. You definitely need to consult a Warkworth separation lawyer to understand your rights and obligations. However, there are ways to make separation easier for the parties involved particularly for their children:

Private Separation

Those couples who choose a private agreement usually don’t have to go to the Family Court in New Zealand except when they would like to apply for a consent order to make their plan enforceable. The family court offers Family Dispute Resolution Service and Parenting through Separation programme (this is offered free of charge) to help couples agree on things like child-care, property sharing, and child support. While the Family Resolution services are not offered free of charge, some couples are eligible for full government funding and can get this service free of charge. 

Family Disputes

Those couples who cannot reach a private agreement can consider applying to the Family court for the dissolution of their marriage to help them with things like child support, childcare and division of property.

ChildCare

Under the Care of Children Act, the decision made by a court regarding childcare should focus on ensuring the best interests of the child. In most cases, the judge will meet the child alongside his or her lawyer to know their views or opinions. The Department of Inland Revenue Child Support Agency handles child support. The court only steps in when a departure order is filed by either of the spouses if they want the support money reviewed.

Relationship Property

Relationships property deals with how property is divided among the two parties. Under the Property Relationships Act, a party can ask for division of property if- (a) he or she is married, (b) in a civil union and (c) in a de facto relationship that has lasted for more than 3 years. Property that is divided among the couples include all property jointly owned, family home, property owned by one of the parties before the marriage and properties determined by the law.

Domestic Violence

Domestic violence involves verbal and non-verbal actions. Those women who would like to end their marriage because of domestic violence should consider applying for a Protection Order from the family court in order to ensure that the other party is prevented from harming them and their kids.

The information in this article is to help you know the laws that govern couples in New Zealand who are in a civil union, are married or in a de facto relationship. However, you should know that this article does not provide legal advice. It only provides information to help you know better. Couples who are undergoing divorce or separation proceedings should speak to a family law specialist to get legal advice and not rely on this article. I hope that this article has helped you understand a lot about separation and divorce.