Top Questions Family Lawyers Get Asked
Navigating family law issues can be both overwhelming and confusing, especially when dealing with emotionally charged situations like a separation, disputes over child custody, or concerns about personal safety. Whether you’re preparing for court or just want to understand your rights, a conversation with a qualified family lawyer can offer clarity and peace of mind.
Here are the top questions family lawyers in New Zealand are most often asked, along with clear and helpful answers to get you started.
1. How long will the legal process take?
One of the first questions clients ask is how long the legal process will take. The answer varies depending on the type of issue - whether it’s applying for a Parenting Order, negotiating property division, or responding to a Protection Order.
For example, an uncontested divorce or parenting agreement may take a few months, while matters that proceed through the Family Court, like disputes over child custody can take significantly longer. Your lawyer can give a more accurate timeframe based on your specific case.
2. Can I apply for a Protection Order if I feel unsafe?
If you are experiencing family violence, including physical, emotional, psychological or financial abuse, you can apply for a Protection Order under the Family Violence Act 2018. Protection Orders are designed to keep you and your children safe.
If your safety is at risk and you need immediate protection, you can apply for a temporary Protection Order, which can be granted without the respondent being notified first. A family lawyer can guide you through this process and help you obtain a Protection Order.
Family lawyers can also help if you are on the receiving end of a protection order notice.
Learn more about protection orders and how to apply for one here.
3. How much does a family lawyer cost, and is legal aid available in New Zealand?
The legal cost depends on the complexity of the matter and how long it takes to resolve. Simpler processes, like preparing a Parenting Order or responding to a Protection Order, may be more affordable than protracted court proceedings.
If you’re on a limited income and need to go to court, you may be eligible for legal aid. Whether you can get family legal aid depends on your income, assets and the merits of the legal case. You can check your eligibility on the Ministry of Justice website here.
4. What am I entitled to after a separation under New Zealand family law?
Under the Property (Relationships) Act, married, civil union and de facto couples who’ve been together for at least three years are covered by the equal-sharing rules in the Act. This includes assets like the family home, vehicles, appliances and shared debts.
However, the law also considers special circumstances, such as significant financial disparity or existing agreements like prenups. A family lawyer can assess your situation and explain your entitlements clearly.
Learn more about the Property (Relationships) Act here.
5. What are my rights regarding child custody and visitation?
In New Zealand, child custody is governed by the Care of Children Act 2004, which prioritises the best interests of the child. If your relationship ends, you’re expected to try resolving custody arrangements yourselves before taking the matter to court.
The first step is to complete a Parenting Through Separation course. If you're unable to work out a care arrangement after completing the course, the next stage is family dispute resolution via mediation. If mediation also doesn’t lead to an agreement, you can then apply to the Family Court for custody. A family lawyer can guide you through each step and help you navigate the legal process with confidence. You can find more information on the legal process of child custody here.
6. Do I have to go to court?
Not all family law matters need to go to court. Many issues, including property settlements and parenting agreements, can be resolved through mediation or negotiation with the help of a mediator or lawyer.
However, if the situation involves urgent matters, such as applying for a Protection Order due to family violence, or if you and your ex-partner can't reach an agreement on child custody, the Family Court may be necessary. Your lawyer will recommend the most suitable and cost-effective path forward.
Disclaimer: The information in this article is general and does not constitute legal advice. For guidance tailored to your specific situation, it’s important to consult a qualified family lawyer who can provide expert advice and support you through the Family Court process.