Separation Lawyers Auckland

Expert legal guidance through the separation process to protect your rights and interests.

Separation Legal Services

Separation is often the first step when a relationship breaks down. Our experienced Auckland separation lawyers provide expert guidance to help you navigate this challenging time, ensuring your rights and interests are protected.

Our Separation Services Include:

Legal advice on separation rights and obligations
Drafting and negotiating separation agreements
Interim property arrangements and asset protection
Parenting arrangements during separation
Financial support and maintenance during separation
Guidance on the path from separation to divorce

Understanding Separation in New Zealand

In New Zealand, separation is a significant legal step that has important implications for your rights, property, and family arrangements.

Legal Definition of Separation

Separation occurs when a couple decides to live apart with the intention of ending their relationship. You can be separated while living under the same roof if you're living separate lives. Separation is the first step toward divorce, which can only be applied for after two years of separation.

Separation Agreements

A separation agreement is a legally binding document that outlines arrangements for children, property division, and financial support. While not mandatory, having a formal agreement provides clarity and protection for both parties.

Property Rights During Separation

The date of separation is important for property rights. Under the Property (Relationships) Act, the value of relationship property is generally assessed at the date of separation, not the date of divorce.

Children's Arrangements

When separating, parents need to make arrangements for the care of their children. These can be informal or formalized through a Parenting Agreement or Parenting Order from the Family Court.

Our Approach to Separation Matters

Practical Guidance

We provide clear, practical advice to help you navigate the immediate challenges of separation.

Future-Focused Solutions

We help you make decisions that protect your interests both now and in the future.

Child-Centered Approach

We prioritize children's wellbeing while helping you establish appropriate parenting arrangements.

Asset Protection

We implement strategies to protect your assets and financial interests during the separation period.

Separation FAQs

What is the legal difference between separation and divorce in New Zealand?

In New Zealand, separation is when a couple decides to live apart with the intention of ending their relationship, but they remain legally married. Divorce (legally called 'dissolution of marriage') is the formal legal ending of a marriage, which can only be applied for after two years of separation. Separation has immediate effects on property rights, while divorce formally terminates the marriage.

Do we need a formal separation agreement?

While not legally required in New Zealand, a formal separation agreement is highly recommended. This document (also called a 'separation order' or 'relationship property agreement') outlines arrangements for children, property division, and financial support. Having a legally binding agreement provides clarity, reduces future disputes, and can be enforced by the courts if necessary.

How do we divide our property when we separate?

When separating in New Zealand, property division is governed by the Property (Relationships) Act. Generally, relationship property is divided equally (50/50), while separate property remains with the original owner. You can agree on your own division through a separation agreement (which must meet certain legal requirements) or apply to the Family Court for a determination if you cannot agree.

What happens with our children when we separate?

When parents separate in New Zealand, they need to make arrangements for the care of their children. Parents are encouraged to agree on day-to-day care (custody) and contact (visitation) arrangements. These can be informal or formalized through a Parenting Agreement or Parenting Order. If parents cannot agree, they typically must attend Family Dispute Resolution mediation before applying to the Family Court.

How long after separation can I apply for divorce?

In New Zealand, you must be separated for at least two years before you can apply for a divorce (dissolution of marriage). This two-year period must be continuous, although brief reconciliations totaling no more than 3 months won't restart the clock. The separation period is the same regardless of whether both parties agree to the divorce or not.

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