Tag: Auckland family lawyer

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

Auckland Family Lawyers – What Topics Do They Cover?

 

Family law is a broad category covering a wide range of key areas. If you need help in any of the topics below, look for one of the Auckland family lawyers operating in the CBD.

 

The Aspects Covered By Family Law

Auckland family lawyers represent their clients in a number of different topics. According to the New Zealand Justice Department, these aspects include:-

 

Relationship Break-up

It can be hard to work through a break-up. After having invested your love and energy with your partner, you have to break away. Having to face the world as a single person is a big challenge and will bring a lot of changes.

 

Separation and Divorce

If the relationship break-up is deemed to be irretrievable, then the next step is separation or divorce as it used to be called. This will involve the formal breaking of the marriage or civil union as well as dividing the assets from that relationship.

 

Relationship Property

Assets gained during a relationship are to be divided equally.  This often surprises one party who feels they have brought more to the union. This is often the male as they tend to be higher earners. However, under New Zealand law, all assets acquired during the relationship are deemed jointly owned and must be distributed in equal portions.

 

Care of Children

Children are often the innocent victims of a separation. Both parents may want to have their children to look after but often it is better for the children if this is not the case.  The Family Court will look at the best option for the children.

 

Keeping Children Safe

This relates to Care or Protection Orders. This might be through Oranga Tamariki – Ministry for Children, or an order taken out against your partner, former or otherwise.

 

Domestic Violence

Assault and violence are too common. There is a range of different Orders that can be taken to protect a family member. A surprising number of cases of domestic violence are perpetrated by women so men can apply for Protection Orders too.

 

Paternity

This typically becomes an issue when the father is asked for child support payments. If the man denies being the father, the court can decide whether he is or not. Child Support payments are then deducted from the gross pay the IRD.

 

Adoption

Many couples cannot have children of their own. As a result, they apply for an Adoption Order through the Family Court.  This only applies to adoption within New Zealand and does not cover children living overseas.

 

Changing gender on official documents

If a person has changed gender, they can apply to the Family Court to have the gender changed on their birth certificate.

 

Powers of Attorney or Making Decisions on Behalf of Other People

There is often a need to be able to make decisions for other people. A common situation is adult children on behalf of their aged parents. As people get older they become mentally or physically infirm so are not able to write or discuss options with a bank or electricity supplier for example.  A Power of Attorney is also useful in case people become injured as in a car crash for example.

 

Auckland Family Lawyers – Finding One

There are a number of law firms that offer family law services. One of the bigger firms in the CBD that has a growing family law department is McVeagh Fleming. One can suppose that if the department is expanding then they must be good at delivering that service. If you are looking for Auckland family lawyers you can click the links above to find out more.