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cddt

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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: BigPipeMercury


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freitasm
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  #3346504 25-Feb-2025 08:36
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Not a recommendation, and IANAL.

 

You might already said this to your friend, but for the record and for anyone reading this in a few months time: please don't let your friend sign anything before talking to a lawyer.

 

Best of luck.





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networkn
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  #3346511 25-Feb-2025 09:03
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Talking to a lawyer doesn't make your friend a bad father, partner, or person. These types of situations can be extremely fraught, and the way people feel now vs how they may feel in a year, after they signed their life away, may change but the consequences are long lasting. 

 

Your friend should a lawyer guide him as he may (or may not) be thinking entirely clearly. 

 

 

 

 


k1w1k1d
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  #3346513 25-Feb-2025 09:07
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Probably an idea for him to NOT agree to anything verbally, especially in front of witnesses. Might come back to bite him.

 

Sounds like wife could already be one step ahead of him.




Batman
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  #3346520 25-Feb-2025 09:34
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Don't just get "a" divorce lawyer, but get a good one. 


Handle9
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  #3346531 25-Feb-2025 10:01
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freitasm:

 

Not a recommendation, and IANAL.

 

You might already said this to your friend, but for the record and for anyone reading this in a few months time: please don't let your friend sign anything before talking to a lawyer.

 

Best of luck.

 

 

 

 

FWIW matrimonial settlements are generally not considered binding unless both parties have gotten legal advice. 

 

It’s almost always better if both parties can negotiate the agreement independently of lawyers but you have to get legal advice prior to final agreement. 

 

Pay for good advice so OPs friend knows what they are entitled to but do try and settle amicably if possible. The only people who win in litigation are the lawyers. 


 
 
 

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freitasm
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  #3346601 25-Feb-2025 12:56
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⬆️

 

I've moved the above reply from another topic to this one.





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boosacnoodle
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  #3346627 25-Feb-2025 14:04
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I've seen recommendations around for Agreeable.


johno1234
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  #3346659 25-Feb-2025 15:08
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Handle9:

 

freitasm:

 

Not a recommendation, and IANAL.

 

You might already said this to your friend, but for the record and for anyone reading this in a few months time: please don't let your friend sign anything before talking to a lawyer.

 

Best of luck.

 

 

 

 

FWIW matrimonial settlements are generally not considered binding unless both parties have gotten legal advice. 

 

It’s almost always better if both parties can negotiate the agreement independently of lawyers but you have to get legal advice prior to final agreement. 

 

Pay for good advice so OPs friend knows what they are entitled to but do try and settle amicably if possible. The only people who win in litigation are the lawyers. 

 

 

This is the correct answer. Once there's an acrimonious battle with lawyers on both sides it is likely that both sides will end up with nothing and the lawyers will have the cash.

 

The two adults need to find a compromise - the lawyers can help with this. But they both need to want a compromise. 

 

I have seen both extremes. In one, there was acrimony, lawyers and battle. The family wealth was reduced to less than half with millions gone. Millions that would have otherwise eventually setup their children. In another no lawyers were involved and the divorce was completed by a JP.

 

 


askelon
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  #3346709 25-Feb-2025 15:10
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Lynda Kearns or Jeremy Sutton from Bastion Chambers


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  #3346728 25-Feb-2025 16:12
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k1w1k1d:

 

Sounds like wife could already be one step ahead of him.

 

 

Three steps.

 

 





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MadEngineer
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  #3347761 25-Feb-2025 21:25
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IANAL but let her take everything. Then when she comes scratching you can say look lady you literally took everything. Now goodbye. 

Worth it. 





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josephhinvest
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  #3347773 25-Feb-2025 22:28
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Clearly your friend must not sign anything without robust legal advice. Each party will be entitled to half the relationship assets, kiwisaver accounts etc regardless of whose name they are under (assuming not contracted out etc)
I engaged and can highly recommend Amanda Donovan at Haigh Lyon. They are based in the Auckland CBD, but I have never actually met in person, I did all my communications via zoom and email during Covid lockdowns.

Best of luck to your friend,

Cheers,
Joseph

Edit to add - my divorce was after a similar length marriage, all assets were joint, kids in high school, the resulting settlement was literally 50/50 with all assets accounted for and values agreed on etc. Happy to answer any questions privately. Cheers.

mattwnz
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  #3347779 25-Feb-2025 23:39
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I know a lot of people are getting into relationships at an older age, and it could be a good idea to get some form of prenup. You don't need to be married anymore to get into this type of situation when you breakup. 


rp1790
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  #3347797 26-Feb-2025 08:34
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100% get a good lawyer and tell him not to sign anything put in front of him.  She will have engaged a lawyer who will be acting in her interest not yours (his).


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