North Shore Family Lawyer – Three Key Aspects of Family Law
The Fundamentals of Family Law
Family law in New Zealand addresses a range of aspects of family life including marriage, relationship property, pre-nup or contracting out agreements, child custody, and paternity claims. Below a North Shore family lawyer will look at three of those issues: paternity claims, property division, and child custody.
Paternity and Parental Rights
Paternity law relates to the recognition of fatherhood, parental responsibilities, and the rights of children to know and be cared for by their parents. As with most family-related law, the welfare of the child is foremost. The intention of paternity laws is to make sure that children receive adequate financial support plus, they can have a relationship with both of their parents, regardless of the parents’ marital status.
Paternity can be established voluntarily or through legal action. Voluntary acknowledgement of paternity usually needs both parents to sign a statutory declaration, which is then lodged with the Registrar of Births, Deaths, and Marriages. Where there is disputed paternity, this can be heard before the Family Court. DNA testing to determine the biological father may be ordered by the Court. In such cases, you will need to hire a North Shore family lawyer for guidance and to represent you in court.
When paternity is confirmed, the father is legally required to provide financial support for that child. Payments can be deducted from wages by the IRD and then distributed to the mother or caregiver. Paternity means that the father can seek custody or as a minimum, visitation arrangements, so that the child can have a meaningful relationship with both parents.
Relationship Property Division
Much of family law is the result of distress, arguments, or worse. Relationship property division is a result of a break down in a marriage, civil union, or co-habiting situation. The Property (Relationships) Act 1976 covers the division of relationship property, and its aim is to ensure a fair and equitable distribution of relationship assets.
In New Zealand, the law states that there should be an equal distribution of the value of relationship property. This is defined as any and all assets acquired during the relationship, and any gains to assets held before the relationship. A relationship must be at least three years to be eligible under this provision.
It is important to note that a spouse does not have a claim on the total value of an assets held by the other partner from before their relationship. They can only claim on the increased value since. Additionally, one partner cannot exclude any assets held before their relationship, claiming that they owned it in their own right. The same argument applies; both sides are entitled to a 50% share of any gains in value.
The Family Court can make adjustments to an equal split if there are extenuating circumstances such as any needs of children, or a disparity in the overall financial position of one party.
Child Custody and Protection
The Care of Children Act 2004 and the Oranga Tamariki Act 1989 (Children’s and Young People’s Well-being Act) cover the custody, welfare, and protection of children. The Acts outline how care will be determined. In any child custody dispute, the welfare of the child is the paramount focus.
Ideally parents can reach an agreement between themselves. Negotiation and sometimes mediation can help and are encouraged. If an agreement cannot be reached, then the case will go to the Family Court. The judge will consider the child’s views, and relationship with both parents.
Where protection of children is an issue, the Oranga Tamariki Act allows intervention when children are at risk. The risks cover harm, abuse, or neglect. There is a framework with guidelines that assess risks and needs of at-risk children. This extends to subsequent care in foster homes or guardianship.
Family law is a complex and evolving legal field aiming to support and balance the rights and responsibilities of parents, both day-to-day carers and non-carers, and children. The three topics in this article are just a few examples of the issues that a North Shore family lawyer will work on. If you need such help, or any other family law matter, McVeagh Fleming has a specialist team of lawyers who can help.
Another important role of dispute resolution lawyers is to provide legal advice and representation to their clients. Lawyers can help their clients understand their legal rights and obligations, and advise them on the best course of action to take in a dispute.
If you are thinking about getting a divorce, then you should first talk to a divorce lawyer Orewa who can explain your options to you and give you advice on how to proceed. You can also discuss your financial situation, and whether you would like to go ahead with the divorce or not.
During a separation, friends and family will give the spouses plenty of advice. Sometimes it might be accurate but often it won’t be. They are also likely to be biased towards their friend or family member. A divorce lawyer will give accurate advice and also be impartial.
It is important to remember that the assets during the union are referred to.
A pre-nup can refer to asset allocation after one of the partners dies. It is common if one or more of the partners has children from a previous relationship.
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There are a few criteria to consider when selecting a lawyer to represent you. An obvious one is their competence. When you talk to potential lawyers you might want to work with, ask about their experience in dealing with the type of situation that you are facing. Some lawyers might not work in civil disputes that involve companies as the other party for example. Others may only work against larger organisations. Before you hire a lawyer, in short, interview them. After all, you are likely to be spending many hundreds of dollars with them,