Auckland Divorce Lawyer; Matrimonial Property – What Every Couple Needs To Know
Separation by two people in a relationship is a highly charged and emotional situation. People demand, insist on, and threaten all kinds of things when it comes to dividing the matrimonial property. However, the law clearly defines the division of relationship property, and it is not necessary to be an option for negotiation or discussion. However, given that one party frequently attempts to assert their domination or power over the other, it is strongly advisable to speak to an Auckland divorce lawyer to protect your interests, advise you, and ensure you obtain an equitable and fair outcome.
Divorce and separation are the final resort for couples and that applies to a married woman and man, de-facto live-in partners, and same-sex partners. In certain areas, the same laws apply to all categories of relationships. These laws are intended to give both sides an equal and fair outcome in what is normally an extremely difficult situation.
There are, of course, some individuals who find the laws frustrating since they believe they deserve to have more rights. In general, it will be related to financial assets. However, in all cases, the law is equal and helps both sides with moving forward without needing to feel they are being taken advantage of. There are, of course, some people who think that things should be divided up in a certain way, but that is why it is wise to hire an Auckland divorce lawyer.
How To Prepare For Separation
If separation is something you are considering, the most important thing you must do is speak to a divorce lawyer who offers family law services. Many people will turn to their family and friends for support. Although for emotional support that is a good thing, it may cause problems as well that you want to avoid.
The main problem is other individuals will have ideas of their own about what can be claimed in the divorce. Some family and friends might recommend that you try to get as much as possible or get a certain asset such as the house. A lot of those types of comments are intended to make you feel better. However, they are often bad advice and wrong. This link to the Department of Justice can help.
In certain places, the total value of property and assets from a relationship is split equally between the two individuals. Also, there is no maintenance payment system like there is in some countries where they are usually made to the wife. However, there is a child support payment system and the amount is set forth with the tax department handling all of the payments that are directly deducted from wages.
Access To Children
This is another area that the law lays out. Custodial care will be granted to one parent, but both of the parents will be guardians of their children. There are very clear rules and the Justice Department has more information available.
The basics of this are that the children live with the custodial parent. But the other parent has the right to access or contact their children. When that occurs and how much time they have with their children will be negotiated by the two parents and will usually be done with their lawyers present.
Transferring Matrimonial Assets
After the assets from a relationship are assessed and the couple has agreed on the total value, a transfer needs to be made to each of the partners. A home is a major asset that most couples will have. However come couples also have savings accounts, rental properties, and businesses.
In those situations, the title of each of these properties will need to be formally assigned to the other partner. That will usually require you to undergo a separate legal process. Some assets are easy to transfer while others are a lot more difficult. A house may be transferred to the other party. However, it will be necessary for a new mortgage deed to be prepared.
Summing Up – Auckland Divorce Lawyer
While separation and divorce are difficult times, it is important to remember that the law is on your side. You have rights under New Zealand law and an Auckland divorce lawyer will be able to make sure your rights are upheld. If you are in the situation of separating from your partner, it will pay you to talk to a lawyer as soon as you can. This will mean that you can ensure that you are following the correct path legally and that you are not signing away your rights.
McVeagh Fleming is a well-known Auckland divorce lawyer and has an experienced, supportive team who can help you.