Areas of Practice.
Separation and divorce.
Ending a relationship is often stressful and difficult. You may also have children and/or own property or rent together. There are important things you need to do as soon as possible to ensure your interests and assets are protected.
If children are involved, we can assist you with negotiating and formalising day-to-day care, parenting orders, visitation and guardianship arrangements for your children.
If property is involved, we will explain your rights and entitlements when separating relationship property. We can help you negotiate and formalise the division of property.
If you are not able to meet your own day to day financial needs after separation, we can give you advice about whether you are entitled to spousal maintenance, negotiate spousal maintenance payments or make an application to the Family Court, or if a claim has been made against you we can assist you to defend a spousal maintenance claim by negotiation and in the Family Court.
Family violence
If you or a child has experienced family violence, there are often urgent steps that can be taken to protect your immediate safety. We can advise and assist you on all matters relating to family violence and if required, represent you in Court. If you have been served with a protection order, it is also important to urgently see us to get advice to understand your rights.
Starting or adding to your family.
If you are using, or thinking about using reproductive technology to become a parent (egg or sperm donors/ surrogacy), we can give you the advice and help you need, including ECART reports, donor/ surrogacy agreements and applications for adoption following successful surrogacy.
We can also help you make an adoption application to the Family Court and give you advice if you are considering agreeing to your child being adopted.
Worries over children.
If you are a concerned grandparent or caregiver of a child involved with Oranga Tamariki and want to have legal permamency (parenting order or special guardianship), we can advise about your options, help you negotiate a support package from the Ministry and represent you in the Family Court.
Worries over a family member
If you are worried about a family member who has lost capacity to make decisions about their care and property through illness or injury and they do not have enduring powers of attorney in place, you will need to make an application to the Court under the Protection of Personal Property Rights Act (PPPR). We can assist in preparing an application for someone to be appointed Property Manager and/or Welfare Guardian, as well as further applications where previous orders are set to expire.
Protecting your property/assets within a new or existing relationship.
If you are moving in with your partner or spouse, it can be a confusing and worrying process when property is involved. It’s important to consider whether either of you would like to protect any assets, should there be a separation down the line.
A prenuptial agreement (Contracting Out Agreement) allows you to “contract out” of the requirements of the Property (Relationships) Act 1975 which determine how relationship property is divided in the event of separation or death. It ensures your assets are protected from a relationship, even if they are owned by a trust or acquired from a previous relationship.
The key to a successful prenuptial agreement is for both parties to receive independent legal advice from the beginning, in other words, both of you need to have your own lawyer.
Whether you are the person seeking to protect your assets, or you are the person being asked to sign a prenup, we will give you comprehensive advice about your rights, empower you to make the best decisions and negotiate the terms of the contracting out agreement so it achieves the certainty you need.
Disagreements over children.
Family break ups can be complicated, emotional and a cause for stress and conflict. Even if a parenting plan is agreed, there can often be ongoing issues over what school they attend, where they live, where they spend holidays, or one party simply not sticking to what’s agreed.
We help families negotiate, resolve and formalise day-to-day care, guardianship disputes, parenting orders/agreements, breaches of parenting orders, and access or visitation, all the while focussing on what’s best for the child/children involved.
We represent fathers, mothers, same-sex parents, adoptive parents, grandparents, step parents and guardians, and can help you negotiate out of Court settlements, prepare for Family Dispute Resolution or take your case to the Family Court.
Disagreements over a will
Dealing with the death of a family member is always difficult. If you are not happy with what has been provided to you in a will, there are a number of ways in which it may be challenged.
The first step is always to get legal advice as to what claims are available to you and your likelihood of success.
Whether you are the person considering whether to challenge the will, or you want to defend a claim, we can assist, both in and out of Court.