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Under New Zealand law a marriage (or civil union) cannot be dissolved unless you have been separated from your spouse for two or more years. Once you have been separated for this period, you may apply to the Family Court for your marriage (or civil union) to be dissolved. You will need to file an affidavit to support your application. You only need to appear before a Judge if your spouse chooses to defend your application.
The Family Court generally does not like including the playing of such calls as evidence, and such evidence may not be admitted in Court.
There is a danger that such recordings can become obsessive and hinder the normal conversation in activities between the parties. It is somewhat artificial in that the party recording the conversation knows of such existence, and the party that is being recorded has no such knowledge normally.
It is often easier in the case of emails and text messages to have these items as evidence. In such cases, it is much easier to obtain the transcript of entire conversations and exchanges to see the context that they have been held in. However, in the situation of a single phone call this may not truly reflect the complete situation of the parties.
I would be cautious and generally not encourage a client to record phone calls or to use such phone calls into evidence.
The Ministry of Justice does not specify who is required to pay the filing fee. However, generally the Applicant is responsible for meeting these costs as it is their application that the Court is determining. Clients in receipt of legal aid can apply to the Ministry of Justice for these costs to be waived.
Generally the mother and father are joint guardians of the child; parents are often referred to as ‘natural guardians’.
However, although the mother is an automatic guardian, the father is only a guardian if:
No. The law does not specify how much time children should spend with each parent and there is no rule as to 50/50 sharing of custody.
The welfare and best interests of the child are the paramount consideration when deciding on custody arrangements.
Some common joint custody arrangements are:
A joint custody arrangement is not always in your child’s best interests and there are a number of options available. A shared care arrangement need not consist of a substantially equal timesplit, it may be that one parent has the children on the weekends or every second weekend.
If one person moves out of a home that is jointly owned in a relationship, are they still responsible to pay for half of the household bills like the mortgage, power, insurance after they leave?
There are three issues to address here:
1. Partner with no children in the home
Normally the partner may be expected to pay their own expenses in the family home. This depends on their income compared to the partner moving out and other issues. Is there a mortgage on the home? How long is this occupation going to be for?
2. Partner with children still in the family home
This is normally an exception to point one above. If you have children in the home under 16, then the Family Court will most likely be more lenient in the event that you or your partner are not contributing toward those expenses as the person who moves out must find another residence.
However, if your case is one where spousal maintenance will be ordered, contributing toward those expenses can be considered part of that and can avoid or reduce any alleged expenses in the future. Find a specialist lawyer as soon as possible to discuss.
The first is the obligation to your creditors, and the second is the obligation for you or your partner to continue paying the bills.
You are equally liable in the eyes of the creditors for the bills to be paid, unless you are able to transfer things like the utilities out of your name. Obviously, if your partner does not make these payments and you are still technically liable, your credit will be harmed. Talk to your bank.
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