Auckland Family Lawyers – Do You Need Guidance Through Family Change?
Family law is arguably the most emotionally difficult area of the legal profession. This is for both eh lawyer and their clients. With a quick look at some of the topics, it is easy to see why: separation, parenting disagreements, safety concerns and more. Below we look at what Auckland family lawyers do, and how they can help people in the area.
What an Auckland Family Lawyer Does
As highlighted above, family law covers a wide range of legal issues. These range from the breakup of a family with separation or even marriage dissolution more commonly known as divorce. family violence, other forms of abuse, care of children, and paternity testing. All of these are fraught with emotional distress, yet they are sadly, all too common.
Parenting issues are a common focus where a lawyer can advise on day-to-day care, rights to contact, how to handle holidays, schooling, and making health decisions. Sometimes relocation will be involved too. In New Zealand, the child’s welfare and best interests are central.
Two other aspects of work for Auckland family lawyers are potentially less harrowing. In the case of adoption, a couple might end up with a happy outcome by being able to adopt a child. However, the route is often a very challenging one with much disappointment along the way.
The second is around relationship property. This though is in anticipation of a breakup of the family and protects the financial interests of one or both parties.
How Auckland Family Lawyers Work
When a couple decides to separate, a lawyer will advise their client about the next steps. This will include explaining the person’s rights and obligations. Under New Zealand law, both sides are entitled to an equal share of relationship property. They key is reaching an agreement on what is included in the overall property since some assets may have been owned by one party prior to the start of the relationship.
The lawyer will also communicate with the other side’s legal representative.
As the process moves along, a lawyer can take part in mediation for their client in an attempt to reach an agreed settlement.
The final key function is to appear in the Family Court when agreement cannot be reached. They will present the case for their client, describe realistic outcomes, explain the risks to the court. Finally, they will help their client see the options and try to get them to choose a proportionate path.
Relationship Property and Financial Issues
Relationship property is often a fraught issue. Not only are couples separating, but then they have to split their joint financial assets, at a time of acrimony. No wonder family lawyers in Auckland recommend that couples set up relationship property agreements while they are still amicable.
One or both parties usually need advice about the division of the matrimonial property. Assets that need to be included are houses, businesses, investments, KiwiSaver interests, trusts, and inherited property. A big surprise is that debt is usually jointly liable and needs to be deducted from the asset value.
A lot of contention comes from the date that valuations begin especially if some of the assets, often a home, have been held by one side prior to the relationship.
Dispute Resolution and Court Proceedings
Many family disputes can be resolved by one of three common methods – negotiation, mediation or arbitration, although the latter is not common in family issues.
Where agreement cannot be reached, then a case will go to the Family Court. In such cases, a family lawyer will definitely be needed by each party. The lawyer will understand court proceedings, and how to argue a case on their client’s behalf. Common types of case are car of child.
If a case is urgent like safety concerns for children, then a court hearing will be necessary.
Choosing an Auckland Family Lawyer
For most legal issues, having a good connection with a lawyer is important. For family matters it is essential. These are some of the most difficult emotional times for people, so having someone who is empathetic to your situation, as well as having sound legal knowledge, is key.
Look for personal recommendations, or good online reviews.
McVeagh Fleming has a team of Auckland family lawyers who will be able to help and advise you on your circumstances. Click the link for more details.