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Forums › Off topic › [Divorce] Lawyer Recommendations
cddt

1967 posts

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#318831 25-Feb-2025 08:26
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Hi all, I am looking for any recommendations on divorce lawyers based in Auckland. Not for me - for a friend. 

 

His situation is that they've been married 16 years, now they are separating, but all assets (house, vehicles, etc.) have ended up in her name and she's already putting pieces of paper in front of him to sign. 

 

He is the humble kind of guy who would be happy to walk away with nothing and start again, but since he has children he needs his share of the assets if he is to share custody (e.g. he will need to buy or rent a house with enough rooms at a distance not too far from their school). 

 

He hasn't spoken to any lawyer yet and I am looking for any recommendations people can give based on their own experiences. 




My referral links: BigPipe | Mercury

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tripper1000
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  #3348336 27-Feb-2025 11:22
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For anyone still reading this, or reading in future, the following is from experience.

 

1) You need to see a lawyer before you start negotiating, not to prepare for a fight, but just so you are educated and aware of the laws expectations of you, and what rules/formula the courts follow should it go to court. This puts you in a good position to stand-up for what you have a right to, and not to waste time/effort/money/goodwill arguing for what you're not entitled to, and to yield when you're obligated to. This education also greatly reduces your stress and emotions if/when the other party starts ignorantly or maliciously asserting false entitlements etc.

 

2) A "good" lawyer isn't one who is great at fighting in court, but someone who gives good advice that aids you in negotiating a settlement without going to court but that a court would agree is fair.

 

3) The best advice my lawyer gave me was that it would cost a minimum of $20k each to take it to court, so if you are stuck within $40K of each other, just be an adult and settle. 

 

4) The law is fairly cut and dried in N.Z. In most cases you/a family court lawyer can use the rules to predict how the courts will rule with a high degree of accuracy, so fighting in court is, generally speaking, wasteful (spiteful?) and a loose-loose situation. What you see on TV from overseas (e.g. blame-based and winner takes-all philosophy), is nothing like the reality in N.Z. which doesn't care why, who or how, and generally splits assets, appreciation and debt 50/50 (for relationships over 3 years long or with kids). 

 

5) Even if you are happy to hand-over everything/more than you are legally required, it is still good to get educated on your rights & obligations before-hand, since this gives you the stronger negotiating position on the few things you do want (eg your Weetbix card collection/your hand-tools etc), or if your ex starts abusing your generosity etc.

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