Q & A
Order Preventing Removal of child from New Zealand
Q: I have been served with an on notice application for a parenting order and an order preventing the removal of the child from New Zealand. This has taken me completely by surprise and I do not know what to do. A lot of what my ex-partner says is a complete lie. A: I can [...]
Problems with Court order
Q: I have day-to-day care of my three children and my ex-partner has supervised contact every fortnight, as well as in their school holidays. A Court order has been in place for the past 5 years. The reason for the supervision is that my ex-husband is an alcoholic and has been violent in the past. [...]
Worried about my divorce
Q: I am devastated. My wife is divorcing me. We have barely been married for two years and have a son together. I have a house and assets such as 8 cars. I owned all but one of these cars before we got married. I am worrying about losing them all in the process. I [...]
Employment Dispute
Q. I have left my job on bad terms. I think my boss treated me really unfairly and in the end I was forced to resign. I want to know if there is anything I can do about how I believe I was treated, and can you assist? A. Yes we should be able to [...]
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. [...]
Harassment
Q. My neighbour shares a driveway with me and we have got along fine until recently. He had his car scratched and thinks it was me and now he is always coming around, threatening me and blocking my part of the driveway. I have called the police but they have said they can’t do anything. [...]
Relationship Property
Q: Why can’t you act for me and my ex-husband to finalise our relationship property agreement? A: Section 21F of the Property (Relationships) Act 1976 sets out the criteria that must be met for any contract for relationship property to be valid and enforceable. One of these criteria is that ust receive independent legal advice about [...]
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 [...]
Discharge without conviction
Q. Recently have separated from my partner of 5 years. It was a messy break up and drawn out over a few months, ending in a huge argument where I pushed her and then left the house. When I returned the police were there and I was charge with assault. I know I pushed her [...]
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I’ve had documents served on me
Q. I am an local contractor, I undertake various jobs trimming trees and landscaping, and I run my own business. Recently one of my employees did a job which was trimming trees that had branches hanging over a fence line. The neighbours got really angry about it and now have served some papers on me! [...]