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Matrimonial Property

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This topic is duplicated under "Relationship Property" and under "Property (Relationships) Act 1976".

PROPERTY DIVISION ON THE BREAK UP OF A RELATIONSHIP

As at the 1 February 2002 the whole law changed and is now covered by the Property (Relationships) Act 1976.   (They kept the year 1976, but changed the whole Act.  It seems confusing, but it is a new Act).

We will provide you with:

  • Direct Access to the full Act of Parliament.
  • A Full Overview of the Law.
  • Practical Steps to Reach an Agreement.
  • Full Draft Property Agreements. Separation and Pre-Nuptial.
  • Full Court Documentation if Agreement Fails.   

We also give you practical know how on Superannuation, Caveats or Notices of Claims on titles and Judicial Settlement Conferences. 

You may access the full  Property ( Relationships ) Act 1976 directly by clicking on to the following hyperlink provided below.  

 

We suggest you read through the full text of this site first. We will provide the direct links again for you convenience at the relevant parts of this site.                                           

We give you immediate access  to draft Agreements which you can fill in, alter and print off or copy and paste to your own Word document as you wish.

DOCUMENTS WE PROVIDE YOU . . . . .

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
Feedback / Reviews / Blogs on this topic
22-Jun-07
"Great to see all the relevant Acts laid out with direct reference to your own topics - Christie - Thames"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"dear Netlaw,

My partner and I found all your family sites really good. We are fighting a maintenance and custody dispute with his ex and we cannot get legal aid so we are trying to go it alone and your site really helps. The judge actually commented on our documents saying that they were good. Thanks again . . . . Tuia"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)

"

"Bloody fantastic coverage. Easy to understand and work out. Mike R - Auckland Central"
"Please advise - My partner pays his ex-wife child support every week. (The amount was agreed via a settlement agreement nutted out between lawyers at mediation.) Is this child support still payable on weeks when we have the children? (in school holidays we have the children for half of the time). It seems unfair for his ex-wife to be getting paid child support when we are supporting the children.
Netlaw replies - The access you enjoy in the holidays must be averaged out over the whole year. It does not apply on a weekly basis. That sounds unfair but that is the way it has been interpreted. "

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my dissolution from all your documents and tips. JGH - Auckland - June 2007"
"Hi, great site! I need a bit more help. I need to serve dissolution papers on my ex-husband. However, he cannot be found. I can apply to the court to have them served on his mum instead using the form interlocutory application without notice AND filling in a general Affidavit form. I can't find any help for this on this pages. Also, do I put that my application for one party is made with or without notice? (first page).

Netlaw replies -You have obviously accessed our Dissolution site. Also access our Family Court Rules topic. Our basic documents are correct but you can double check them by going to the Dissolution topic and clicking on to the Direct Link to the Family Court Website. When that topic opens up, scroll down to FORMS, then on to LIST OF FORMS then on to FORMS UNDER FAMILY PROCEEDINGS ACT then down to Forms 11 and 12. Don't forget you have to add an Information Sheet and we have a topic Information Sheet. So that gets you started. 3 documents there.

Right, then go to our topic Family Court Rules and click on to those Rules through the Direct Link provided. When the Rules come up (a little longer if you are only on dial up) then choose Rule 126 which tells you all about substituted service. You need a simple Application (Without Notice) following the same format as your main Application and you need an Affidavit in Support of Application for Substituted Service. 2 documents. You do not need a second Information sheet.

Take your time. But put in the reasons why you need substituted service. Say where he might be, when you last had contact with him, where his extended family live etc. Cheers . . . . Netlaw

"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Hi, what is the success of wives asking for spousal support today? is it a common application or is it becoming too rare because there is DPB available and also because the system is changing and not favoring this type of maintenance anymore?? I just like to have a rough idea if I should pursue this. I've recently been made redundant, am getting no child maintenance and my ex says that I wont be able to get anything anyway as his business is off shore...Any help will be great thanks.

Netlaw replies: It is not common because the DPB is well above what most partners could afford, and still maintain themselves. But in financially well off families spousal maintenance is a runner, particularly until a matrimonial property division provides the partner in need with a large lump sum. Then, the need for extra maintenance dissipates. Apply for a benefit immediately and then apply also to the Family Court for an order for spousal maintenance. If the orders you receive amount to LESS than the DPB then that money goes towards the benefit, not on top. But if your order is MORE than the benefit then you just go off the benefit and take the sum awarded."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Dear Netlaw
Our father was in a semi-coma when he got married and died 3-days later. Can this form of marriage be invalidated, (in particular, annulled through not being consummated)? Your expertise will be gratefully received again, thanks.

Netlaw replies: Non consummation is no longer a ground for dissolution but, under section 31 of the Family Proceedings Act 1980, a Family Court can declared void a marriage if there was an absence of true consent at the time of the marriage. If he was in a semi coma, it would be difficult to prove full consent. That could therefore void the marriage."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I was accused wrongly. It is an awful process to go through. But I found the Notice of Defence document on your site and I could not find it anywhere else. I tried and tried. So good on Netlaw. The Court ordered blood tests and I had to pay half but then those blood tests excluded me and now I am asking the court to make her pay me back. I will let you know what happens This topic on paternity helped me greatly. Jon A -South Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

"Don't forget, you can do it yourself but if you are ona benefit your lawyer gets paid by legal aid. Annie Y - Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"My wife is claiming spousal maintenace. She lives in the family home and is a qualified secondary school teacher with a degree. We dont have dependent children. Do you think she is entitled to maintenance?

Netlaw replies: No. She would not get spousal maintenance UNLESS she was unable to work because of some illness. IF you had supported her during the relationship, and she did not work even though qualified, she can argue that you should continue to support her now, but that argument would be unlikely to succeed."

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