Q & A: Separation
Separation Agreement
Q: My husband and I are separated. We have been able to reach agreement (verbally) between ourselves regarding division of all property. Do we need to record this somehow for the agreement to be legally binding?
A: Section 21F of the Property (Relationships) Act 1976 (“Act”) sets out a list of requirements with which an agreement must comply in order for it to be valid under the Act. We would be happy to discuss these requirements with you further and prepare an agreement on the basis of the agreement reached between you and your husband, bearing in mind that your husband will need to obtain independent legal advice from another lawyer. If this is something that you would like to discuss further, please contact our office to make an appointment.
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.
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.
Separation & Residency
Q. My husband and I are separated and both living abroad. I have decided to return to New Zealand with our two children. My husband says he also wants to move to New Zealand. He is not a New Zealand citizen. I need advice regarding his residency in New Zealand. I also want to know how to prove we are separated in order to eventually divorce.
A. You need to see a lawyer who specialises in immigration and family law, separation is a factual issue and a lawyer can advise you on this. We are able to help you with these matters, please contact us on (09) 263-6953 or email jeremy@jeremysutton.co.nz
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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