Family

Family

Challenging a Will

If you have been left out of a Will, or feel you have not been adequately provided for, we can establish whether it’s possible to challenge that Will.

We act for both estates and potential claimants and have experts who can guide you through the process, providing advice throughout in respect of any possible claim.

Points to consider:

• If the deceased left a surviving partner, there might be relationship property matters to consider.
• A surviving spouse/partner should be aware of the options available under the Property (Relationships) Act.
• Children have legally protected rights to be provided for under a parent’s Will.
• There may be potential for a claim under the Family Protection Act, the Law Reform (Testamentary Promises) Act or the Wills Act.
• Time limits apply when making choices and claims.

Family

Separation

Separation is a challenging time, often fraught with tension. Along with the emotional turmoil of a break-up, there are the property division and financial support arrangements to work through. When children are involved, things can get even more complicated.

Our divorce lawyers aim to help clients resolve their matters outside of court. If that is not possible, we have the expertise to represent you expertly throughout the court process.

The services we offer can help with:

• The division of relationship property, including analysis of all assets and debts that either party owns or has an interest in. Our expertise extends to complex relationship property and valuation issues involving companies and trusts.
• Spousal maintenance following separation. In some situations, one partner may have an obligation to continue supporting the other financially for a time, whether there are children of the relationship or not.
• Parenting issues, including childcare arrangements, relocation and guardianship matters, and child support.

Family

Relationship Property

The Property (Relationships) Act can result in you becoming stuck with duties or obligations against your wishes. With our assistance, couples can ‘contract out’ of the Act and put in place agreements that will apply if their relationship ends. We also assist and advise our clients on negotiating an agreement on the division of their property if they separate.

Within our Relationship Property specialisation, we can help with:

• Pre-nuptial, Contracting Out and other property agreements – resolving property disputes and asset division on breakdown of marriages, civil unions and de facto relationships, including claims for spousal maintenance and economic disparity,
• Establishment of trusts to protect property – specialist asset protection advice, including analysis and resettlement in the event of separation,
• Advice on issues arising from the death of a family member, including estate claims and challenging a will – other claims against estates,
• Restructuring and taxation issues related to property owned by couples.

Family

Parenting

Child custody and parenting arrangements for children after a separation can be challenging. Aside from the practical difficulties of changeovers and travel between different homes, there can be disagreements as to how much time children should spend with each parent.

We aim to negotiate agreements outside of court. We can also assist you through the alternative dispute resolution procedures (including family dispute resolution or ‘FDR’ and mediation). When an agreement isn’t possible, we can assist with the Family Court process.

Our expertise can help you with:

• Agreements for day-to-day care and contact (previously known as custody and access), as well as guardianship matters. The law focuses on making arrangements that best support a child’s welfare and best interests. We can discuss with you how those arrangements might work for you and your children.
• Parenting orders, if an agreement is unable to be reached or you need the security of an order that can be enforced.
• Additional guardianship, because sometimes it is necessary for other family members, such as step-parents or grandparents, to be more closely involved in caring for children.
• Urgent matters involving safety concerns or attempts to remove children from New Zealand.

Family

Asset Protection

The right asset protection strategy can keep your current and potential assets safe into the future. We recognise that the reasons for requiring protection of your assets are varied and unique to your situation, necessitating a strategy that is carefully designed for your needs. Regardless of the size or nature of your assets or your risk profile, we can assist and advise you with the management and administration of your affairs.

Points to consider:

• The transfer and control of wealth from one generation to the next is a significant issue for benefactors and beneficiaries alike. The handover of control can be years in the planning and requires careful consideration of complex issues.
• We have specific experience in relationship property claims and disputes (whether on separation or death), Law Reform (Testamentary Promises) Act claims, Family Protection Act claims, fiduciary relationships and disputes under the Trustee Act.
• Asset planning mechanisms need to protect inheritances from future claims to ensure intended outcomes properly.

Family

Financial Support

Spousal maintenance and child support can impact people significantly following separation, whether you’re the one receiving or paying.

Child support

• Child support is the financial obligation a parent may have to support their child or children. JB Morrison have expert family lawyers who advise on all aspects of child support, including challenging the formula assessment through the Inland Revenue Department, the Family Court or through voluntary agreements.

Spousal maintenance

• Spousal maintenance, also called spousal support or alimony, is financial support provided by one party to another when a marriage, civil union or de facto relationship ends. It usually involves direct periodic payments, and can include expenses resulting from the occupation of the family home by the non-paying spouse.

Occupational Rent

• A common issue raised during the separation and property division process in nz is “occupational rent”. This can be claimed when one partner stays living in the family home, and the other person moves out.  It is usually calculated as a half-share of a market rental figure, supported by evidence from a rental agent or registered valuer.

Family

Adoption and Surrogacy

We can advise you on all aspects of surrogacy and the adoption process. We advise prospective adoptive parents as well as birth parents, and our expertise extends to inter-country adoption. Things you need to know:

• An application to the Family Court is required to adopt a child. In most cases the formal consent of the birth parents will be required and they will need to obtain independent legal advice in respect of the adoption.
• Early advice is important. Legal matters include care of the child following birth, consents, payments that are permitted to birth parents and bringing a child into New
  Zealand for the purpose of adoption.
• Surrogacy arrangements can be complicated in New Zealand because the birth mother and her partner are legally the parents of the child. For intending parents to become legal parents of the child they must obtain an adoption order.
• For international surrogacy, awareness as to the laws of the overseas country and what documentation is required to bring the baby back to NZ is essential.

Learn More

How to adopt a child in New Zealand

Family

Incapacity

If someone has lost capacity without signing enduring powers of attorney, it may be necessary to apply to the Family Court for an order to appoint somebody else to manage their affairs. We can advise on the processes involved and assist you with seeking or reviewing those orders.

If there is an enduring power of attorney in place and you are concerned it is being misused, we can advise as to the options available to address this.

Talk to us about:

• Appointing enduring powers of attorney.
• Applications to the Family Court under the Protection of Property and Personal Rights Act 1988 (“the PPPRA”), for example, orders appointing a Property Manager or Welfare Guardian.
• Compliance with orders under the PPPRA.
• Review of an attorney’s decision/action.

Family

Other

At JB Morrison our family law experience encompasses the full breadth of family issues. We listen to you, we focus on your needs, we explain the law and legal processes in plain language, consider practical solutions and use emotional intelligence to achieve the best outcomes.

Divorce (dissolution of marriage)

You may have questions about when and how a marriage or civil union is dissolved, and what to do if you are served with divorce proceedings.  There may be other matters, such as property division or child custody arrangements, that need to be addressed before a dissolution order is made or applied for. 

Family violence

The law surrounding family violence can be complex.  Whether you are seeking protection from violence or defending a protection order, we can help with the legal side of that process and advise you on your options.  You may also have questions about the effect of police safety orders, or how these issues impact on care, custody or contact with children.  

Paternity

If you have any questions about the paternity of a child, we can advise you on the DNA testing process, as well as seeking or opposing court orders or declarations.  

Changing gender on your birth certificate

We can help you apply for a declaration to change the gender listed on your birth certificate and discuss what evidence will be required.

Contracting Out Agreements

Family

Challenging a Trust

Family trusts often face litigation due to evolving laws, unclear or defective older trust documents, and administrative mistakes. Disputes frequently arise in succession planning, especially after the death of original settlors or trustees, with beneficiaries challenging decisions favouring others.

We act for trustees and beneficiaries in relation to trust disputes of all types, including:

• challenging or reviewing trustees’ decisions;
• the disclosure of trust information;
• the removal of trustees;
• the interpretation and validity of trust deeds and other trust documents;
• having the Court confirm a trustees’ proposed course of action;
• the division of trust assets, or challenges to trusts, in the event of a relationship breakdown or death or a settlor/trustee including claims under the Property (Relationships) Act 1976 and s 182 of the Family Proceedings Act 1980.