Relationship Property Lawyers in Auckland – How They Can Help You

Sadly, there is a big need for Auckland relationship property lawyers. With the separation and divorce rate being so high, couples have to turn to divorce lawyers to help split any matrimonial assets. Besides the emotional distresses that lead to separation, the division of relationship property usually causes yet more highly fractious emotions. To find out your rights and obligations, it is a good idea to talk to one of the Auckland relationship property lawyers as soon as possible.

 

Rights and Obligations

In many countries, the division of relationship property is a matter of negotiation largely between the lawyers of both parties. However, the division of relationship property in New Zealand is mainly determined by the Property (Relationships) Act 1976.  This states the way that relationship property will be divided in different circumstance. Those include separation, divorce, or death.

 

An Early Role of a Relationship Property Lawyer

Given the natural acrimony of a separation, one or both sides will want to get as much money, assets, property from the relationship as possible. It is common for one side to try to force the other into accepting a “good” settlement.   The Act is designed to stop this type of coercion and both sides get a fair split of the joint assets.

 

An early role of relationship property lawyers is explaining this legal aspect to their client to prevent the dominance or subservience of the person.

 

Identifying Relationship Property

In order to divide any assets in a fair way, the relationship property lawyer will identify and then value the assets of the marriage or partnership. Sometimes one side might try to hide assets, so you need a lawyer who is a good at investigation to uncover any undeclared property, shares, cash or other asset.

 

This work can often be quite complicated especially if trusts or overseas assets are involved. If this is relevant to your situation be sure to ask your potential lawyer if they have experience in this type of separation work.

 

Two Skills A Relationship Property Lawyer Needs

Compassion or empathy are quite similar. When you have your introductory meeting with your lawyer, they need to demonstrate this to you. It will be a hard slog if your lawyer is dismissive, matter of fact, and simply wants to get on with the job.

 

Another key skill is the art of negotiation. Even though the division of relationship property is set out under the Act, there is room for leeway and negotiation.  The whole divorce process will go faster and more smoothly if your lawyer can negotiate with the other side. An amicable agreement between both parties is a much better outcome than a long, drawn-out acrimonious separation.

 

However, sometimes it is simply not possible to reach this preferable state. In that case, mediation or other collaborative process may be necessary. Being able to negotiate is especially important to avoid a court case. That is the final resort and is extremely expensive, time consuming, and postpones the result of the divorce settlement.

 

An amicable, or negotiated result is better for everyone.

 

Processing The Division of Relationship Property

When both sides have reached an agreement, the two lawyers then have to process the legal division of the assets.

 

This is often relatively simple such as transferring ownership of a house to one side. This is in effect, a house sale and purchase.

 

Other aspects can be more complex such as splitting any pension plans.

 

If a family trust is involved, or overseas property, this can be quite complex work. Again, ask your lawyer if they have worked on this type of case.

 

Avoiding Relationship Property Splits

To avoid potential acrimony if a separation occurs, many couples ask their lawyers to create an opting-out agreement. This is also known as a pre-nup, or more formally as a Section 21.

 

This will determine how couples divide their property will be divided in the event of a relationship breakdown. This is especially important for second marriages where children may be involved in a blended family. A pre-nup provides clarity, potentially avoids future disputes, and means one parent can pass on their assets to their own children.

 

Conclusion

Auckland relationship property lawyers help couples when they separate. This includes explaining their rights and obligations, assessing the joint assets, negotiating with their client and the opposing sides, then executing the actual division of the property.

 

If you need an Auckland relationship property lawyer, McVeagh Fleming is a law firm with a good team of lawyers who can help.