Introduction

Going through a separation or divorce can be an emotional and stressful process, especially when sorting out how to divide your relationship assets. At Harris Tate, our experienced team understands that every situation is unique, and we are here to guide you through each step so you can feel informed and confident about your decisions.

Divorce or Dissolution of Marriage

As many people are aware, you can apply for a divorce (also called a dissolution of marriage) after you have been separated for at least two years. Before doing so, however, it is important to address the division of your relationship property. This typically involves identifying, valuing, and dividing any assets or debts accumulated by either or both partners/spouses during the relationship. Common examples include property, shares in businesses, Trust assets, Kiwisaver/superannuation, vehicles, and even household items.

Dividing Relationship Property

Understanding your legal rights can be the key to a smoother separation. Under our relationship property legislation, most relationship assets are divided equally, particularly if they are built up or acquired during the relationship. There are exceptions to this, however, for example, where there is a contracting out agreement or property that is clearly one partner’s separate property – often either inheritance or acquired prior to the relationship and kept completely separate throughout. At Harris Tate, we aim to demystify these and other rules and ensure you have the support needed to achieve a fair outcome. Our team will help you navigate the process—from gathering information, providing advice on asset valuations, your overall legal entitlement, negotiating settlements and preparing any necessary documentation, to representing you in court.

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Alternative Dispute Resolution

We often encourage alternative dispute resolution methods, such as mediation or collaborative law, to help you and your former partner reach an agreement without resorting to a court proceeding. These approaches can reduce conflict, speed up the process, and reduce legal costs. However, if court proceedings become unavoidable, we will support you every step of the way, advocating for your interests and providing clear, practical and commercial advice as the process unfolds.

Moving Forward with Confidence

We know separation is more than just a legal transaction – it is a major life change that can affect your finances, emotional wellbeing, and future plans. That is why we approach each case with compassion and respect, offering personalised solutions designed to minimise stress while protecting and advocating for your rights and interests. Whether you are just beginning to explore your options or are ready to formalise a settlement, our role is to make sure you feel supported and well-informed throughout the journey.

Talk to Harris Tate Today

At Harris Tate, we pride ourselves on delivering reliable, straightforward and pragmatic legal advice. If you have questions about dividing relationship property, drafting a separation agreement, or proceeding with a divorce application, reach out to us today. We are here to help you navigate the process – so you can move forward with greater peace of mind.