Dissolution Order (Divorce)

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Lizard1977

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#298654 4-Jul-2022 16:52

I'm hoping there might be some knowledgeable people who can check something for me.

When applying for a dissolution order (i.e. divorce), the requirement is that you have been living apart for 2 years. In my case, my ex and I separated back in February 2020 but we continued to live at the same house (in separate parts of the house, though) until I moved out just over seven months ago. I don't want to go through the whole filing process only to find out that the Court counts that as "living together", even though we weren't together.

There isn't any clear information in the form which explains what "living together" means, except to say that you are allowed to "live together" for a period of up to 3 months, if the purpose is to reconcile. My interpretation is that "living together" means "living as a couple, with all that entails."

I know I could check with the Registrar when we file the documents, but I'd rather not go through that effort only to be told to come back in 18 months.

Bee

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#2938313 4-Jul-2022 16:57

AFAIK there is no checks what so ever. If you and your wife both agree on the paper that you have been seperated 2 years then the court just accepts that. How can they prove otherwise?

Doing your best is much more important than being the best.

Lizard1977

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#2938315 4-Jul-2022 16:59

That's what I would have thought. The reason I asked is that our Relationship Property Settlement includes the statement that we separated in February 2020 but have continued to live in the same property since the separation date. I wondered if the Registrar would look at that and raise an issue.

freitasm

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#2938324 4-Jul-2022 17:28

Interesting question. On a side note, when my ex-wife and I got divorced, back in early 2000 we decided to do it back in Brazil, where we first got married otherwise would have to get divorced here and then send papers there. We didn't want to have to fly just for that so we hired the same lawyer (a friend of ours) for both parties.

The JP asked "how do I know this is an amicable divorce?" and the lawyer said, "I am representing both sides, so I guess it's pretty amicable?"

The JP signed the papers on the spot.

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frankv

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#2938464 5-Jul-2022 11:48

It seems the 2 years isn't absolute. I'd check with Community Law or similar.

https://www.justice.govt.nz/family/separation-divorce/apply-for-a-divorce/

If you lived together within the last 2 years, because you were trying to get back together after separating, you can still apply for a divorce. However, you need to tell the court in your application that you did this to try to get back together.

However, unless you're wanting to get married again, I don't know of any reason to even get divorced. It has no implications for matrimonial property settlement, although you should write a new will, otherwise if you die your property would go to your "spouse".

timmmay

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#2938477 5-Jul-2022 12:08

My wife works in family law, not as a lawyer. She said get advice from a lawyer. This should be documented somewhere though.

timmmay

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#2938484 5-Jul-2022 12:16

Also, you should ignore all advice on this thread (probably including this post) as some of it is incorrect. I hope Geekzone has a disclaimer of liability.

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duckDecoy

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#2938512 5-Jul-2022 13:48

frankv:

However, unless you're wanting to get married again, I don't know of any reason to even get divorced. It has no implications for matrimonial property settlement, although you should write a new will, otherwise if you die your property would go to your "spouse".

My mother and father thought they had got divorced many moons ago, but it turns out as far as NZ government was concerned they hadn't (no idea where the system fell down).

This became a headache when my father's retirement village starting asking about my mothers income. Lawyers were needed as you can imagine the optics of an elderly gentleman immediately divorcing when people start sniffing around his joint income.

If you're effectively getting divorced just do it.

MikeB4

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#2938515 5-Jul-2022 13:51

what @timmmay said. A tech site is not a place to gain matrimonial law advice.

Here is a crazy notion, lets give peace a chance.

PolicyGuy

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#2938539 5-Jul-2022 15:11

frankv:
However, unless you're wanting to get married again, I don't know of any reason to even get divorced. It has no implications for matrimonial property settlement, although you should write a new will, otherwise if you die your property would go to your "spouse".

no, No, NOOOO! Do not follow this advice

If your relationship is over, then you really must end it legally, otherwise you may create endless problems - and lawyer profits - in the future.

For example, if you are still legally married and you later on receive an inheritance, that inheritance might be deemed 'relationship property' and your legal spouse entitled to half. Also, writing a new will that leaves little or nothing to your legal spouse may be contestable after you die.

See a lawyer, see them as soon as you can, do not delay

neb

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#2938561 5-Jul-2022 16:23

duckDecoy:
This became a headache when my father's retirement village starting asking about my mothers income. Lawyers were needed as you can imagine the optics of an elderly gentleman immediately divorcing when people start sniffing around his joint income.

+1 on this. You can leave loose ends flapping when no-one cares, but when your every move is scrutinised by MSD and/or IRD you want to make sure absolutely everything is sorted out, because it's going to take years and cost tens of thousands to set right at that point.

surfisup1000

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#2938567 5-Jul-2022 16:35

timmmay:
Also, you should ignore all advice on this thread (probably including this post) as some of it is incorrect. I hope Geekzone has a disclaimer of liability.

Disclaimer? Why? The law of common sense applies.

I tire of the need to put disclaimers everywhere in an attempt to protect people from themselves.

You want to trust anonymous nobodies on the internet? All power to you.

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frankv

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#2938587 5-Jul-2022 16:58

PolicyGuy:

frankv:
However, unless you're wanting to get married again, I don't know of any reason to even get divorced. It has no implications for matrimonial property settlement, although you should write a new will, otherwise if you die your property would go to your "spouse".

no, No, NOOOO! Do not follow this advice

If your relationship is over, then you really must end it legally, otherwise you may create endless problems - and lawyer profits - in the future.

For example, if you are still legally married and you later on receive an inheritance, that inheritance might be deemed 'relationship property' and your legal spouse entitled to half. Also, writing a new will that leaves little or nothing to your legal spouse may be contestable after you die.

See a lawyer, see them as soon as you can, do not delay

The Property (Relationships) Act 1976 provides that inherited property is separate property and so is immune to claims by a spouse or partner. https://www.slw.co.nz/articles/relationship-property-inheritances/

So inheritances are not relationship property unless they are comingled with the finances of the couple. So if you inherit a gold watch, it's not matrimonial property, and not taken into account in the property settlement. If you sell the watch and put the proceeds into a joint bank account, then the money becomes matrimonial property. It would be very hard to argue that an inheritance received *after* the marriage breakup had been included in the matrimonial property.

The Property (Relationships) Act 1976 applies to couples whether they are in a marriage, de facto or civil union relationship. So, for example, two people living together without actually getting married are still subject to the same division of property rules as married people.

Your Will must provide for your *partner*, not your spouse. So if you leave less than half your property to your *partner*, *they* may contest the Will.

Whilst you *may* create problems, they won't be endless, and (unless you're wealthy) won't be worth contesting.

But IANAL. I agree with the advice to see a lawyer.