South Auckland Divorce Lawyers For Easier Separation

South Auckland Divorce Lawyers – Separation With Empathy

Divorce or separation is an emotional rollercoaster. One person wants to get rid of the other, the second may want to cling to their partner. Sometimes both can’t wait to get away. Occasionally, there is a good divorce but for most, it is messy, hurtful, disruptive, and scary. Often it is confusion, turmoil and chaos.

It is often made worse by well-meaning friends or relatives giving well-intentioned but wrong advice. To avoid any further disturbances, get good legal advice at an early stage so that you know what you are entitled to and what you do not have to do. Below are some pointers from one of the South Auckland divorce lawyers to help you through the situation as easily as possible

Knowing About New Zealand Divorce Law
Often in a divorce, one side will think that they are entitled to a bigger share than the other. For example, if one is a higher earner, or if they bring more assets to the relationship. They will try to apply pressure to the other party to agree to a smaller share of the total assets.

However, it is important to know that New Zealand has legislation that is intended to split the net relationship property equally between the two parties. The aims are good however, sometimes the result is not as intended.

Your south Auckland divorce lawyers, and theirs, will explain the law as it relates to relationship property. The total net value of any assets, houses, shareholdings, savings, boats, cars, super funds, and more, are meant to be split between the two sides. The “net” aspect is important as it also includes debts, not just a mortgage on the home but loans, credit cards, and any other debt.

If one side feels aggrieved that they have to hand over more than they perceive is fair, it is the law that says so, not you. It is not your fault.

Conflict Resolution

There are often arguments about assets, and even more about non-mortgage debts. The cost of childcare will also come up.

A good divorce lawyer can act as a mediator, helping to bring about a speedy and amicable resolution.

In South Auckland this can be especially useful because of different cultural expectations and norms.

If the two parties choose mediation instead of judicial proceedings, the outcome if often more amicable. It can be also much faster, and cost far less cost than going to court.

Child Custody and Support
The impact on children is often the most difficult part. They suffer from the split, but it is not their fault, yet they frequently believe that they are the cause of their parents separating.

Managing child custody, and access or visitation needs carful handling. Some parents try to get the children on their side by denigrating the other parent. This is one of the worst things they can do. Our divorce lawyers will explain this to you, among the other advice they give you.

They will explain your rights and also your obligations. For one parent, usually the father, child support payments will be necessary. This is a payment determined by the IRD based on the income and is deducted in the PAYE by your employer.

Section 21 Pre-Nup – Safeguarding Your Financial Situation
As noted above, relationship property is meant to be split equally between the two parties. However, if one or both, bring assets to the relationship, they can have a pre-nup written to itemise any such assets. This is especially common if one or both have been in previous relationships and have a house for example.

These assets will be excluded from any divorce settlement and relationship property assessment. Our family lawyers can help you write this to protect your financial future.

Conclusion

Divorce is difficult on many levels, emotionally, financially, and sometimes physically. It can be even worse if children are involved.

The important thing t remember is that you do not have to do it all by yourself. Our south Auckland divorce lawyers are here to help explain your rights and obligations. This can be good news or not what you want to learn, but at least you know where you stand instead of ill-informed ideas from friend s and family.

We can help you with the actual divorce process, the fair assessment and division any relationship property, managing child custody, and processing any papers for the asset transfer of like reassigning a house

If you are separating and are looking for south Auckland divorce lawyers, McVeagh Fleming in Manuaku City has a team of lawyers ready to help Click the link for more details.