Auckland Divorce Lawyer
Ready to start a new chapter? Our experienced Auckland divorce lawyers provide compassionate support and expert guidance to help you navigate your divorce with confidence.
Divorce Lawyer Auckland
If you and your spouse have chosen to end your marriage, the journey ahead may seem overwhelming. Divorce often involves intense emotions, challenging conflicts, and major decisions. Key issues such as property division, child custody, and financial arrangements will need to be resolved. Working with a skilled Auckland divorce lawyer can make a significant difference in the process and outcome of your case.
In Auckland, divorce can be filed by either spouse. You just have to get separated for two years and file a divorce thereafter. If you have a separation agreement, that will make things easy. But what if there are other complications and things you cannot agree of? For instance, you may not be able to agree as to who will own the house or who will get the child. Or, what if your spouse doesn’t want divorce at all?
This is where we come in. Our goal is to guide you through your divorce with as little stress as possible while achieving the best results. Our Auckland divorce lawyer is experienced in handling all aspects of family law and is dedicated to protecting your interests at every step.
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Other Areas Of Expertise
Property Law
We provide pragmatic legal advice on property laws in Auckland, especially when it comes to disputes between spouses. Property disputes during divorce can be complex, involving issues such as asset division, shared property, and ownership rights.
Relationship & Common Law Spouses
For couples who have been living together and invested in properties, separating can lead to complex legal challenges, especially when property ownership is shared. Don’t hesitate to talk to us and get legal advice.
Family Law
Our attorneys specialize in family law and can represent you in a range of matters, including divorce, child custody, spousal support, and property division. With a deep understanding of family law in Auckland, we are committed to providing personalized legal solutions to protect your rights.
Understanding the divorce process in Auckland
Apply for divorce
In Auckland, you can ask the Family Court to legally end your marriage if you have been living apart for 2 years or more, and at least one of you is domiciled in New Zealand. In general, “domiciled” means you are a natural-born in New Zealand or have a permanent home in New Zealand.
Proof of separation
To prove that you have been living apart for two years, you may provide:
- a separation agreement, which can be either spoken or written
- a sworn statement (affidavit) from either or both of you saying that you’ve lived apart for two years, or
- independent evidence, like an affidavit from someone who knows you both.
Agree on childcare
If you have kids, you must come into an agreement regarding the custody of your children. You must satisfy the court that the arrangement has been made in the best interest of the children.
Divide relationship property
You can agree on how to divide your property amicably. You can come up with a mutual agreement with your partner on how you would divide your assets, including properties, savings, and investments.
Wait for a dissolution order
After you’ve signed and submitted your divorce papers, you can apply for a dissolution order together or alone. The dissolution order will be sent to you as soon as it becomes final (one month after the order is made).
When do you need an attorney?
Getting divorced might sound easy to you considering Auckland’s non-adversarial process. So, when does the problem come in? Divorce is a solution to a failing marriage. Still, issues arise when your spouse disagrees with the divorce or if there are certain things that you cannot agree on in your separation settlement such as child custody and division of assets. When your spouse disagrees with the divorce, you can file a case before the court and have your marriage dissolved. There are also other special cases where violence is involved and you need an attorney that you can depend on to help you with the divorce process.
Get help with paperworks and legal documents
Divorce can be a complex process involving extensive paperwork and legal documentation. As lawyers, we can help you manage this administrative burden, ensuring that no details are missed, and guiding you through each step to protect your rights and secure a fair outcome.
Make sure your interest is protected during settlement
Having a skilled lawyer by your side is crucial for safeguarding your interests. Your attorney will advocate for your rights, ensuring you receive what you’re entitled to under the law. This becomes especially important if your spouse is uncooperative or attempting to conceal assets.
Have someone to represent you in court
Frequently Asked Questions
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Yes. You may still file for divorce. You may have tried to get back together after separating several times in the past two years but still failed. If the total time you spent together is not more than 3 months, then you can still file for divorce.
Yes. If you were married abroad but your spouse is living in New Zealand, you can still get a dissolution order in New Zealand.
The time required for a divorce in New Zealand varies. For amicable divorces, the process can be relatively quick, often finalizing shortly after filing with the registrar. However, contested divorces or those requiring court involvement can take longer, sometimes up to several years. Once both partners agree and appear in court, the divorce order is effective immediately. If only one partner is present, the other has 21 days to contest the divorce if residing in New Zealand, 30 days if in Australia, or 50 days if elsewhere. If no objections are raised, the divorce will be granted.
You must first be separated for at least 2 years before you can file for divorce. You may live together for up to 3 months during this period if you are attempting to reconcile. Once the 2-year separation is complete and if the divorce is amicable with both parties agreeing, the process can be finalized within a month or two, provided there are no conflicts.
To obtain a divorce, you must demonstrate that you have been separated for a minimum of 2 years. If you live together during this period, it can only be for a maximum of 3 months for the court to consider your separation valid for divorce.
At least one partner must be residing in New Zealand for the divorce to be granted by the courts.
If your partner refuses to sign the divorce application or you do not wish to request their cooperation, you can still file for divorce on your own. This process also applies if you are unable to locate your partner.
Testimonials
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Know who to call if you need help
Call us if you need a help
Auckland Divorce Lawyer is a trusted and reliable attorney that you can call if you need a marriage dissolution in Auckland. Give us a call and get a free estimate.
Phone: 09 888 4557