Family Law
Family disputes are tough on everyone involved.
Whether it’s a separation or divorce, a relationship property or child custody dispute, or a legal fight with a family member, we understand how stressful and emotional the process can be.
Emotions can intensify conflicts, often to the detriment of both parties. When children or significant assets are involved, the process can be especially heart-breaking, not to mention time consuming and costly. The process can become particularly difficult if the Family Court needs to be involved.
A good legal team in your corner can help you resolve family disputes promptly, cost effectively, and, if possible, without resorting to the courts. If litigation does become necessary, a good family lawyer can minimise your risk and cost, and provide the advice, advocacy, and counsel you will need to get the best result.
We at Evolution Lawyers are here to help. With our legal knowledge and experience with family law, advocacy, alternative dispute resolution, and litigation, we can advise you on the best course of action for your family law matter. If you have no option but to involve the Family Court, we can represent you and fight for your interests.
Our family law practice is supported by the complimentary practice areas of property law, business and commercial, and trusts and estates. This means we can assist you with all legal matters arising from your divorce, separation, or other family law matter.
This may include, for example, preparing new wills and enduring powers of attorney, establishing new trusts, conveyancing, and business structuring advice. Such matters are usually outside the scope of a traditional family law barrister.
Our compassionate and approachable team provide a safe environment to deal with your matter in a way that you feel comfortable. We understand the importance of clear and consistent communication to provide peace of mind. Our team will keep you informed throughout the process and aim to resolve the dispute quickly, so everyone can move on with their lives.
If you are thinking about separating from your partner, are worried about child custody, or just want to know your rights about a family dispute or other family law matter, contact us.
We can help you with the following areas of family law:
Contracting-Out Agreements (‘Pre-Nups’)
If you are thinking about moving in with your partner or are already living together, it is common to enter into a contracting-out agreement under the Property (Relationships) Act 1976. A contracting-out agreement is sometimes known as a relationship property agreement or ‘pre-nup’, which is short for pre-nuptial agreement.
You will need a lawyer to assist with a contracting-out agreement. You should seriously consider a contracting-out agreement if you own a house, have a KiwiSaver fund, are a beneficiary of a family trust or likely to inherit money, are getting married or having a civil union, or have assets that you want to protect from the equal sharing presumption that applies on separation.
Typically, separating with a valid contracting-out agreement is less painful and cheaper than separating and negotiating the division of relationship property without one.
Separation and Division of Relationship Property
If separation or divorce is your only option, we are here to help. Separating from a spouse or partner is one of the hardest things a person may experience during their life. Often emotions are running wild and things can get complicated quickly.
Every client’s situation is different. If you have a family home, a family trust, or a family business, you will need a lawyer to document and facilitate the legal aspects of the separation. Your lawyer can also advise on, and represent you, to negotiate terms for the separation.
If you have children, you will need to arrange for their care and well-being during the separation process. We can help make that part of the separation process as smooth and as painless as possible.
If you are in the process of separating from your spouse or partner or thinking about doing so, please contact us.
Divorce
If you want to divorce your ex-spouse or partner, we can help you apply to the court for a dissolution order (also known as a divorce) dissolving your marriage or civil union.
You can apply for a dissolution order after two years of living separate and apart. You can apply for a divorce even if your ex-partner refuses to consent. We are here to assist with your court application.
If you would like help with a divorce or separation, please contact us.
Child Custody
Parenting through a separation is challenging.
If you and your ex-partner have an arrangement for the care of your children, you should document that arrangement in a parenting agreement. A parenting agreement provides guidance but it is not legally enforceable without a court order.
We can assist with negotiating and documenting the terms of a parenting agreement.
If you would like your parenting agreement to be legally enforceable, we can apply to the court for a parenting order.
Child Support
Caring for children during or after a separation can be tricky and financially difficult.
If you believe you should be receiving child support, or a greater amount in child support, we can advise on your rights and help you get the financial support you require to care for your children.
Family Mediation
Mediation can be an effective way to resolve a family dispute. We are happy to discuss the possibility of a mediation and help you find a fair and reasonable solution for all parties involved.
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