Family law is unique and disputes around family matters are usually complex and emotionally charged. Jason has experience in dealing with matters involving separations, children and property. He understands the complexity of family matters and can communicate the best options during these challenging times.
Jason can provide timely and effective advice and representation in the following areas:
Parenting issues:
- Child support/Maintenance
- Guardianship
- Parenting orders
Marital property issues:
- Division of property agreements
- Separation and Section 21 agreements
- Relationship property claims
Family protection issues:
- Domestic Violence
PARENTING
When one parent has primary care of a child, the other parent may be liable to pay child support for the care of that child. The amount payable is determined by the income and living circumstances of the paying parent. We can advise you on the organisation of child support through negotiations with the other parent or through the Inland Revenue Department.
An issue commonly facing separations includes the day to day care of the children and contact arrangements. Jason can assist in creating a care arrangement that works for both the parents and their children. Jason can provide advice on preparing an informal Parenting Agreement or assist with a court application for a formal Parenting Order under the Care of Children Act.
Being a guardian of a child means having all duties, powers, rights and responsibilities that a parent has in bringing up the child. This is naturally the right of a birth parent however in some occasions those who are not birth parents may wish to hold the same powers, rights and responsibilities for the child’s well being and development. A child’s we;; being and development may include decisions regarding their place of residence, welfare, schooling and religion. Jason is able to assist in applications for Guardianship Orders in the Family Court.
SEPARATION & PROPERTY
The Property (Relationships) Act 1976 deals with how the property of married couples, civil union partners and de facto couples is divided when a relationship ends. The Act covers a relationship ending because of a break-up, but it can also cover a relationship ending because of the death of a spouse or partner.
Under the act assets that were once separate property may become relationship property where the parties have been in a relationship for three years or more. This means that the property is equally divisible between the parties during separation.
A Contracting Out Agreement or “pre-nup” can guide couples pre-preemptively “preparing for the worst” and determine property, (including inheritance, future acquisitions and earnings) that each party wishes to preserve as separate property.
A divorce is termed as a dissolution of marriage in New Zealand courts and these can be made after two years of separation. These can be advanced by one part or jointly. Jason is able to assist you in these applications.
Spousal maintenance may be claimed by a spouse or partner who is unable to support themselves after separation due to the division of roles during the relationship. These can include past, present and future payments for the needs of the spouse. Jason can provide pragmatic and clear advice on your application.
During a separation between parties a relocation can be a difficult process especially when in consideration of the best interests of a child (which are paramount under the Care of Children Act). Jason can advise on and prepare applications for relocation or applications for preventing relocation (Order Preventing Removal of Child).
FAMILY PROTECTION
Domestic violence
Domestic violence is violence in relation to any person in a domestic relationship and includes physical, sexual and psychological abuse. Jason can assist in the preparation of action such as a Protection Order or Police Safety Order under the Domestic Violence Act 1995 and Family Violence Act 2018 for the safety of you and your family members.
Book a Consultation for your case
Contact to book an initial consultation for your case or call in for a free initial discussion.