Family Law Services
Relationship Property
Under the Property (Relationships) Act 1976, unless a Contracting Out Agreement is in place, all assets and liabilities acquired during, or intended for the benefit of, the relationship are in general considered “relationship property” and thereby subject to equal sharing provisions upon separation or death. This includes the family home, chattels, income, KiwiSaver, bank accounts, and companies.
There are important exceptions where some assets and/or liabilities can be defined as “separate property”. These can include inheritances, gifts, or assets owned before the relationship. These can remain under the “ownership” of the original owner, unless it has been “intermingled” with the relationship assets.
In certain circumstances, courts may adjust the standard 50/50 division. For example, where one partner is entitled to an “economic disparity” adjustment or where one partner’s actions diminished the relationship property available for distribution.
Contracting Out Agreements allow partners to depart from the standard 50/50 division should the relationship end. Specific assets can be “ringfenced” and protected. These agreements are subject to strict criteria and must be formal, in writing, and supported by independent legal advice in order to be valid.
Whether you’re beginning a relationship or separating from your partner, expert legal guidance ensures your rights are understood, preserved, and properly navigated.
Care of Children and
Parenting Disputes
Navigating parenting arrangements after separation can be emotionally complex. Under the Care of Children Act 2004, the welfare and best interests of the child are the paramount consideration in all matters relating to guardianship, care, and contact.
The Court takes into consideration, safety concerns (a child must be protected from all forms of harm); the importance of parental and guardian responsibility; maintaining continuity and stability in the child’s care; ongoing consultation and cooperation among caregivers; preserving and strengthening the child’s relationship with both parents and extended whānau; and honouring the child’s identity and culture.
Decisions affecting the child must also be made within a timeframe appropriate to the child’s sense of time, to reduce the harm caused by prolonged uncertainty.
Whether through mediation, negotiation, or Court proceedings, I strive to resolve disputes efficiently and sensitively.
I also assist with urgent applications, relocation cases, and guardianship issues.
Adoption and Surrogacy
Growing your family through surrogacy and/or adoption can be both emotional and complex. The legal requirements at each stage are intricate and require careful navigation. Clear, accurate advice is essential to avoid unnecessary delays or complications.
I provide specialist advice and representation on all aspects of surrogacy and adoption law—whether you are adopting within New Zealand, considering intercountry adoption, or entering into a surrogacy arrangement and require assistance with the ECART process. Each pathway presents its own unique challenges, from navigating eligibility and consent requirements, to ensuring the child’s best interests remain paramount.
My role is to help you understand the process, anticipate potential challenges, and support you throughout. I have established relationships with New Zealand fertility specialists and Oranga Tamariki and aim to make the process as smooth and straightforward as possible.
Capacity Law
The Protection of Personal and Property Rights Act 1988 (the PPPR Act) is designed to safeguard individuals who may lack the capacity to make informed decisions about their personal welfare and property. The Act allows for the appointment of welfare guardians and property managers to ensure that decisions relating to a person’s health, care, and financial affairs are made in their best interests.
Disputes can arise when there are concerns about whether a person still has the capacity to make decisions, or when there is disagreement over the suitability of a proposed appointee.
Common applications under the PPPR Act include:
Application to be appointed Welfare Guardian
Application to be appointed Property Manager
Application to Revoke an Enduring Power of Attorney
Application to execute a Will on behalf of the Subject Person
These cases are often complex and sensitive, frequently involving medical reports, challenging family dynamics, and long-term care or estate planning considerations.
Estate Litigation
Disputes over a deceased person’s estate can arise when beneficiaries or family members question the validity or fairness of a Will.
A key issue in many estate disputes is testamentary capacity. A person must have the mental capacity to understand the nature and effect of making a Will, the extent of their estate, and the moral claims of those who might expect to benefit. If there are concerns—often due to cognitive impairment or undue influence—the Will may be subject to challenge.
Successfully contesting a Will can result in a previous Will being reinstated, or in the estate being distributed under the laws of intestacy. The litigation process may involve negotiation, mediation, or full court proceedings. Resolving these disputes requires careful consideration of the statutory requirements, the available evidence, and the rights of all parties involved.
Collaborative Law
Collaborative law is a respectful, non-adversarial method used to resolve family disputes. Once the parties agree to adopt the collaborative law approach, initiating combative court proceedings is removed as an option. Each party works with their own collaboratively trained lawyer, and must commit to open, transparent communication. The goal is to find practical, lasting solutions that meet everyone’s needs.
In New Zealand, collaborative law is used effectively for relationship property division and parenting arrangements. It allows couples and co-parents to stay in control of decisions, supported by professionals who guide the process in a structured, future-focused way. Parenting specialists, financial experts, or counsellors can also be included as needed.
This approach is ideal for:
Division of relationship and trust property;
Complex Contracting Out Agreements;
Care of children arrangements that prioritise the long-term wellbeing of the children;
Families wanting to reduce conflict and preserve important relationships.
Collaborative law offers a dignified and efficient alternative to litigation, enabling families to resolve issues with reduced stress and cost, while receiving greater support and achieving outcomes tailored to their families’ unique needs.
Ready to take the next step? Whether you’re facing a family law challenge or just want expert advice, Anna is here to help.
Anna Carbon is a trusted family lawyer in Auckland, New Zealand, specialising in expert legal support for families.
Contact
Phone: +64 21 590 909
Email: anna@annacarbon.co.nz
