Surrey Chambers specialise in Family Law and understand how emotionally difficult separation can be. We offer a friendly and sympathetic approach to help you through your separation and can offer advice and assistance in resolving all issues affecting you, your children and your property.
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Division of relationship property following separation can cause much conflict. Our aim is to protect any interest you have in relationship or separate property, and provide assistance to you in resolving any areas of conflict to achieve an agreed settlement. We can advise you of your rights under the Property (Relationships) Act 1976. Where settlement is unable to be achieved through negotiation, we are able to assist you in bringing proceedings in the Family Court.
We are also able to provide contracting out agreements (commonly known as ‘pre-nup’ agreements) to protect your assets in the event of separation or death of one party
Once a couple have been separated for two years (excluding any period of reconciliation) then either or both of them may apply to dissolve the marriage. We can apply for an urgent dissolution where one party will not co-operate or is overseas. We can also advise as to the requirements which need to be met to obtain a divorce/dissolution in New Zealand. Once the Order is made, the parties are free to remarry.
Parenting – Custody / Contact Orders
We are experienced in resolving disputes relating to disputes in care arrangements and parenting following separation. There are a wide variety of matters which may arise when dealing with children. We advise on all issues relating to children and will be able to advise you on the best course of action for resolving your dispute. This may include through negotiation, family dispute resolution, mediation or applying to the Family Court for a Parenting Order (an order made by the Family Court indicating which parent is responsible for day-to- day care of a child).
If your child support arrangements need to be settled or you do not agree with the child support agreement made, we can advise on how to handle these situations and the options available to you.
relocation of child
Relocation applications are necessary when a parent wishes to take their child/ren and relocate to another part of Auckland, New Zealand or overseas. Whether you are the one seeking to relocate or wish your child/ren not be relocated, professional legal advice should be sought. We can apply to the Courts to prevent removal of the child/ren, or for the Court’s permission for you to relocate.
We have extensive knowledge of the Domestic Violence Act 1995. If you are in danger or worry about your safety because of your partner, we can apply to the Court for urgent protection. We also advise on your rights and the process when defending allegations of domestic violence.
family protection and estate claims
The Family Protection Act and Law Reform Testamentary Promises Act allow claims to be made against an estate. We provide advice as to how best to deal with situations where a close family member dies and you are denied a legal entitlement or that person promised to provide for you in their Will and has not made such provision.
PROTECTION OF PERSONAL PROPERTY RIGHTS ACT
Applications can be made under this Act by those who care for or have a major input into the lives of elderly, incapacitated or disabled persons who are unable to manage their property affairs or make decisions about their personal welfare. Obtaining orders under this Act requires commitment by the person who is granted the order. We can advise whether an application under the PPPR Act is appropriate in the circumstances, draft the necessary documents to make an application to the Family Court and guide you through the Court process.