April 16, 2024

politics of law

Politics and Law

How to get a Divorce in New Zealand and Australia

3 min read
Marriage and divorce statistics Australia (with graphs & charts)

If you’re considering divorce, it can be a daunting task. You’ll have to consider many different aspects of your life and make a decision about what is best for your future. Some of these considerations could have a significant impact on whether or not you will go through with the divorce in the end. If your marriage is already over, there are still ways that you can deal with the issues that are influencing your decision to get divorced without actually ending the marriage legally.

At the same time, your divorce will also be shaped by the laws of the country in which you are getting divorced. Some of the most common issues considered in New Zealand and Australia include:

  • The legal ground for divorce: There are different grounds for getting a divorce in each country. Grounds include unreasonable behaviour, adultery, desertion and separation. In New Zealand, you may also have to show that there has been a breakdown in your relationship over an extended period of time.
  • The legal separation period: In New Zealand, the separation period is measured in weeks, starting from the date of filing for divorce. In Australia, this period is lifted to 18 months, but can be extended further if necessary.
  • The use of cohabitation as evidence for fault: In New Zealand and Australia, cohabitation may be used as evidence of fault in a divorce case.
  • The division of assets: In both countries, there is no strict requirement for the division to be equal. Instead, the court will take a number of factors into account. These include length of the marriage, the contributions to acquisition and preservation of assets, the age and health of each party, and any property that was gifted or inherited. The court may also look at any agreements made between you or if financial hardship is proven by either party.
  • The social welfare. In New Zealand and Australia, you will be required to consider the effect of any children involved in the marriage on your finances. Social welfare payments may need to be removed during a divorce process.

Factors to Consider When Choosing a Divorce Lawyer in New Zealand and Australia

If you’re trying to decide whether to pursue a divorce in New Zealand or Australia, there are some factors that you should keep in mind. They include:

1. The complexity of your case. The more complex your case is, the more difficult it might be to finish in a timely manner. Your divorce lawyer will be able to help you understand whether or not your circumstances are common among other divorce cases and how long it might take to resolve them.

2. Your budget. It may be possible to find a lawyer who agrees to take on your case for less money than others do. Still, this option typically requires a longer time frame and could result in some additional fees as well.

3. Your timeframe. If you are moving to Australia or New Zealand to pursue a new job or be closer to family members, then you might not want to spend the time needed for a longer process.

4. The location of your lawyer’s office. Ideally, you want to be able to speak with your lawyer via phone if you are having a difficult time deciding what course of action to take. That is, unless you happen to live in a remote area where it would not be financially feasible for you to get a lawyer close by.

5. The reputation of your lawyer. You may need a lawyer with a good reputation in order to get a good result in your case. You will also want to ask how long the attorney has been practicing law, what recent results he or she has obtained and how many cases he or she has handled.

When you’re trying to choose between divorce lawyers in New Zealand or Australia, you should remember that not all attorneys are alike. It is important that you shop around for the attorney who fits your specific needs and goals.

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