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Category: Family Law

  • Collaborative Practice in New Zealand

    29 November 2023

    Collaborative Practice is an alternative dispute resolution process used in New Zealand and other countries to help individuals resolve family law issues in a cooperative and non-adversarial manner. Collaborative Practice is designed to reduce the emotional and financial toll of traditional litigation and to promote effective communication between the parties involved.Here is how Collaborative Practice works in New Zealand:When you embark on a Collaborative Practice process, you and the other party will be asked to commit to working together with ...

  • Separation

    29 November 2023

    Separation can be a tough journey, especially when children are involved, or there are issues such as domestic violence. Getting legal advice early on in the separation process (or even before separation occurs) can help you make informed decisions, significantly reduce the likelihood of legal complications and acrimony, and can ensure your rights and the best interests of any children are protected and promoted.We can discuss and assist any person going through a separation.1     The BasicsWe will help you ...

  • Preston v Preston: The Supreme Court has more to say on “nuptial settlements”

    17 June 2022

    In 2016, the Supreme Court’s decision in Clayton v Clayton (Claymark Trust)[1]caused widespread renewed interest in the connection between relationship property and trust law. Mr Clayton had used trusts and a contracting-out agreement (“pre-nup”) to try and keep his assets separate from his wife of over 15 years, despite their joint contributions to the marriage.Many of you will have read our previous articles about the Claymark Trust decision. The Supreme Court’s decision in the Claymark Trust case breathed new life ...

  • Where There Is A Will ...

    24 July 2020

    An independent survey conducted in 2017 reported around 1,500 New Zealanders every year die intestate; that is, die without a will. While it is difficult to think about your own mortality, having a will allows you to have a say what happens to your assets on your death, which is an important part of ensuring the people you care about are taken care of.It is a common misconception that your property will automatically go to your next of kin if ...

  • Eight Pre-nuptial Myths

    10 April 2019

    There are eight things you probably didn’t know about pre-nuptials They’re only for people who are about to get married – What is commonly called and understood as “a pre-nup agreement” is for married couples, civil unions, and couples who live together in a de facto relationship; not just people about to get married. The correct name is a “contracting out agreement”, because it allows couples to “contract out” of the Property (Relationships) Act 1976 (“the Act”).  The Act governs how ...

  • Am I in a de facto relationship?

    30 January 2019

    Many of you will remember the news a few months ago about a man (Moon) being awarded a sum of money after his partner (Doyle) left him nothing but her ashes in her will. The news provoked discussions on whether Doyle’s will should have been respected, or whether it was fair Moon was awarded a portion of Doyle’s estate because Moon looked after Doyle for some 27 years (she was wheelchair-bound from early in the relationship due to a medical ...