Q & A: Divorce
Marriage of Short Duration
Q. I recently married by husband about 2 years ago. For both of us it was our second marriage, and we both have adult children from our previous relationships. Now things seem very shaky and its looking like we are separating. I have been through separation and divorce once but that was a long time ago and this is very different. We both had property prior to the marriage and we also bought a house together, although I paid a lot more in terms of the deposit. I am not sure what the rules are when we have had such a short marriage, can you assist?
A. There certainly can be special rules regarding relationship property division when the marriage is one of your length. It will also depend on when your relationship started. If the relationship is less than 3 years, it is one of “short duration” and some property is divided with different considerations. This can be an uncertain area – please call for an appointment to discuss.
Sale of House Proceeds
Q: How do I legally recognise the agreement my ex-wife and I have made that I will get 70% of the proceeds from selling our house and she will get 30%?
A: The Property (Relationships) Act 1976 provides that in most cases when parties separate/divorce each will receive an equal share of the relationship property. You must ensure any contract you enter to record the agreement for dividing relationship property meets the requirements of section 21F of the Property (Relationships) Act 1976; otherwise the contract might not be legally enforceable.
Divorce
Q: I want to get a divorce.
A: When clients say they want a divorce, they are sometimes referring to division of relationship property and at other times dissolution of marriage. These are two separate things. If you want to dissolve your marriage, you can make an application two years after you have been separated and you do not need to get a separation order. However, if you require assistance of division of relationship property or care arrangements of children, please do come and see us we would be happy to help.
Separation / Divorce
Q. I need the help of a divorce and separation lawyer. I live in New Zealand with my wife and children, but I’m currently working overseas and won’t be back in the country for several months. My wife has sent me an email saying that she’s been unhappy with our marriage for quite some time, and wants to stop me from returning to our family home. Can you help me?
A. We specialise in these matters. Because you are based overseas, it would be best if you emailed me at jeremy@jeremysutton.co.nz . I also have Skype voice/video conferencing capabilities to save on long distance communication charges.
Is property always divided equally?
Q: My marriage has just ended. How easy is it in New Zealand to argue that the property should not be equally divided?
A: In most cases property is divided equally but there are exceptions. In the ‘Contracting Out’ in our Relationship Property Page (see Services) this lists our laws, and the term exceptional circumstances is just that. It is hard to overcome that in contrast to Australia, which has no such equal sharing presumption for relationship property. Please contact us on (09) 263-6953 or email jeremy@jeremysutton.co.nz for further assistance.
Can I get engaged before my divorce is finalised?
Q: Can I legally get engaged to another person if their divorce has not become final? I am in a new relationship with a married man who has only just recently separated from his wife of 15 years.
A: Yes, however, I would advise you to consult a lawyer to discuss the situation in more detail. We can help you. Please call us on (09) 263 6953 or email jeremy@jeremysutton.co.nz to make an appointment.
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