Auckland Family Lawyers – The Hardest Parts Of Life
Legal work is generally about problems that people are facing or wanting to prevent. Sometimes it is for a good outcome like buying a home, but usually it is the harder aspects of life. This is especially the case for private clients rather than for commercial work. The law issues people face are often related to family separations and the turmoil that causes. Here we take a brief look at a few of the types of work that Auckland family lawyers handle.
Marital Separation or Divorce
Separation is usually tough on one or both spouses. Occasionally a couple can have a mature separation, but it is rare. One or both wants “revenge” or to screw them for every penny. Fortunately, there are legal rights for each spouse and both parties are generally entitled to an equal share of the relationship property – see below.
However, separation and divorce are difficult for any children. It is a confusing time for them, and they often assume it is their fault. This clearly requires smart parenting to overcome this.
Again, people often have inaccurate views on their rights and obligations about the children. Our Auckland family lawyers will explain these to you including child support, health and education costs, parental access time and custody arrangements.
Relationship Property
It is common for one side to assume they have a majority claim in the family assets, especially if they earn a significantly higher income than the other partner. However, under NZ law, all assets gained during a relationship, marriage, or civil union are deemed relationship property. As such, each partner has an equal share.
Assets include house, shares, savings, vehicles, businesses and superannuation plans. The net relationship property also includes any debts incurred not just mortgages but also credit cards, bank or car loans and any other form of debt. In simple terms, these are deducted from the asset value to determine the net proceeds which is to be divided equally between the two people.
Our family lawyers can help you to make sure that you get what you are entitled to. This might include negotiating with the other lawyer or even a court appearance for you.
Child Custody
Child custody is often a difficult topic with more dads staying at home and feeling that they can take care of the children. This is especially common if the mother has had an affair for example.
However, the issue is complex and needs expert legal help, and often decisions made the Family Court.
Parenting Plans
A parenting plan lays out each parent’s rights and obligations regarding the upbringing of their children. It is a legally binding agreement and so ought to prevent any ongoing misunderstandings and disputes.
A family lawyer in Auckland can give advice on the aspects that need to bee included to produce the parenting plan. Thes include splitting costs of raising the children, visiting times, custody, decisions about health, holiday times, especially school holiday day care, and more.
The aim is not to give one parent the upper hand but to reach an agreement on what is best for the children.
Guardianship
Guardianship is a broad topic. It relates not only to the natural parents, but it can be a relative or even a family friend.
If the natural parents die, then it is common for grandparents or uncles and aunts to become the guardian of the orphaned children.
By becoming a guardian, that person can then take decisions about finance, education health, accommodation and other key issues.
Our guardianship lawyers will be able to advise you on your rights and obligations.
In Summary
Clearly, family law issues can be highly charged emotionally. In many situations the two former partners will be angry towards the other, which makes it difficult to communicate sensibly. They will often have well-meaning advice from friends or family which is not correct.
Our lawyers have lots of experience with couples needing help. They can explain the law, their rights, and obligations which can diffuse some of the emotional sting. Please click the link to find out more about how our team of Auckland family lawyers can help.
https://www.mcveaghfleming.co.nz/personal/family-law-relationship-property