Relationship Property

Relationship property refers to the division of assets and debts accumulated during a relationship or marriage when that relationship ends. Here are some ways we can assist with relationship property matters:

• Legal Advice: We can provide you with expert legal advice regarding your rights and obligations concerning relationship property. We can explain the relevant laws and help you understand how they apply to your specific situation.

• Negotiation and Mediation: If both parties are willing to reach an agreement outside of court, we can act as a mediator and facilitate negotiations. We can help you understand your options, advocate for your interests, and work towards a mutually acceptable settlement.

• Relationship Property Agreement: We can assist in drafting a legally binding relationship property agreement, also known as a prenuptial agreement or a contracting-out agreement. This agreement allows couples to agree on how their property will be divided in the event of a separation or divorce.

• Child-Related Matters: In some cases, relationship property matters may intersect with issues involving children, such as care and contact arrangements. We can provide guidance on these matters and ensure that the best interests of the children are considered.

Separation and Relationship Property Agreements:

“Separation Agreement” or “Relationship Property Agreement” refers to a legal agreement between two parties who have decided to separate or end their relationship. It is a document that sets out the terms and conditions for the division of relationship property, assets, debts, and other matters related to the separation.

The agreement serves as a binding contract between the parties and can provide a clear understanding of their rights and responsibilities after the separation. While Separation Agreements are not mandatory, they are often recommended to establish mutually agreed-upon terms and minimise potential disputes during the separation process.

Pre-Marital (Or Pre-Nuptial) Agreements (Contracting Out Agreements):

Also known as a prenuptial agreement, is a legal contract that couples can enter into to determine how their property and assets will be divided if they separate or their relationship ends. It allows individuals to customise the division of their relationship property according to their preferences, rather than relying solely on the default provisions of the Property (Relationships) Act 1976. These agreements can outline how assets, debts, and other property will be distributed, providing clarity, and potentially avoiding disputes in the event of separation.

The agreement serves as a binding contract between the parties and can provide a clear understanding of their rights and responsibilities after the separation. While Separation Agreements are not mandatory, they are often recommended to establish mutually agreed-upon terms and minimise potential disputes during the separation process.

Relocation:

“Relocation” refers to a situation where one parent or caregiver wishes to move with a child to a different location that significantly affects the child’s access and contact with the other parent or caregiver. It typically involves a proposed change in the child’s place of residence, either within New Zealand or internationally.

When a proposed relocation dispute arises, the court considers the best interests and welfare of the child as the paramount consideration. The court examines factors such as the child’s relationship with each parent, the importance of maintaining ongoing contact, the child’s age and developmental needs, the reasons for the proposed relocation, and the potential impact on the child’s well-being.

Applications Under the Protection of Personal Property Rights Act:

The Protection of Personal and Property Rights Act 1988 (PPPR Act) is legislation that safeguards the personal and property rights of individuals who may lack the capacity to manage their affairs due to age, disability, illness, or other factors. The Act provides for the appointment of substitute decision-makers to act on behalf of those individuals in order to protect their interests.

Some common applications under the PPPR Act include:

• Property Order: This application allows for the appointment of a property manager to handle the financial and property affairs of an individual who is unable to manage them independently.

• Welfare Guardianship Order: This application enables the appointment of a welfare guardian to make decisions relating to an individual’s personal care and welfare when they are unable to do so themselves.

• Reviews and Disputes: The PPPR Act also provides mechanisms for reviewing and resolving disputes concerning decisions made by substitute decision-makers or challenges to their appointments.

Dissolution of Marriage:

The legal term for ending a marriage is “dissolution of marriage.” It is the process by which a married couple formally terminates their marital union and legally ends their marriage.

The definition of “dissolution of marriage” refers to the legal dissolution or annulment of the marriage contract between two individuals. It involves obtaining a court order from the Family Court to declare the marriage null and void, effectively ending the legal relationship between the spouses.

Domestic Violence:

Under the Family Violence Act 2018, “domestic violence” is defined as:

• “Violence against an individual if that violence is committed by any other person with whom the individual is, or has been, in a domestic relationship.

• The Act defines a “domestic relationship” as a relationship between two people who are or have been married, in a civil union, or in a de facto relationship (including same-sex relationships). It also includes relationships between family members, such as parents, children, siblings, and extended family members.

• The definition of domestic violence under the Family Violence Act encompasses a wide range of behaviours that can be physical, sexual, psychological, or economic in nature. It recognises that domestic violence can involve acts of physical assault, sexual abuse, harassment, threats, intimidation, coercion, economic control, or any other behaviour that causes fear, harm, or distress to an individual within a domestic relationship.