Family violence is incredibly common throughout the world, but Aotearoa New Zealand has a particular problem with high levels of family violence occurring. With the stress that the COVID-19 pandemic has added, it has been reported that family violence levels are at an all time high. One way of seeking protection from family violence is …
The Family Court (Family Court Associates) Legislation Bill (Bill) has recently been introduced to deal with the significant backlogs in the Family Court. Part of the reason for Family Court delays is the high workload of Judges, as well as the impact of Covid on staffing levels. The Bill creates a new role in the …
On 9 December 2021, the Births, Deaths, Marriages, and Relationship Registration Bill (“Bill”) was unanimously passed by Parliament. This Bill means that those who do not identify with the sex assigned to them at birth are able to correct this themselves far more easily. Self identification of sex process Currently, the process for changing the …
Surrogacy is an arrangement which enables couples to conceive when they are experiencing hardship conceiving themselves. What many people are not aware of is the legal implications surrounding surrogacy, in particular the rights of the “intending parents” – that is, those who intend on assuming the psychological parental role of raising the child. What is surrogacy? …
This article was published in the New Zealand Law Journal, where our family team comments on a recent Court of Appeal case where ongoing maintenance was awarded to a de facto partner for an extended period of time, and explains why the current maintenance system needs an overhaul. In March 2020, the High Court heard …
Rainey v Kwok – why maintenance needs an overhaul Read More »
In New Zealand, there is a general legal presumption that once you have been in a de facto relationship for three years, relationship property is to be divided on a 50/50 basis if you separate or one of you dies. You and your partner can agree to divide your relationship property in a way that …
If you do not have the means to pay privately for a lawyer you may qualify for legal aid. You will need to apply to the Legal Services Agency for a legal aid grant using the appropriate form. We can assist you with these forms or you can find them here. Both Leesa Speed and …
What is FDR? Family Dispute Resolution (“FDR”) is a mediation service, designed to help separated couples and their families resolve disagreements regarding care of children. Attempting FDR is usually a mandatory pre-requisite before you can apply for a parenting or guardianship order in the Family Court. There are limited exceptions to this. For example, FDR …
Family Dispute Resolution for non-urgent parenting disputes Read More »
