Staying Safe and Sane

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Assets when Planning to Separate

In New Zealand, assets (property, money, and belongings) are governed by the Property (Relationships) Act 1976. While the law usually assumes a 50/50 split, situations involving family violence have specific protections and exceptions you should know about.

1. The “50/50” Rule and Violence

In NZ, relationship property is almost always divided equally if the relationship lasted 3 years or more.

  • Misconduct doesn’t usually affect the split: Generally, the law says “misconduct” (like being an abuser) doesn’t change the 50/50 rule.
  • The “Repugnant to Justice” Exception: If the abuser’s conduct has been so extreme that an equal split would be “repugnant to justice,” a Judge can order an unequal split. This is a very high bar and usually requires a specialist lawyer to argue.
  • Economic Disparity: If the abuser’s career flourished while yours was held back by the violence or childcare, you can apply for a “Section 15” claim for a larger share of the assets to compensate for your lower earning capacity.

2. Immediate Occupation of the Home

You do not have to wait for a final property settlement to secure your living situation.

  • Occupation Order: This is a Court Order that gives you the right to live in the family home, even if the abuser owns it or is on the mortgage. It legally excludes the abuser from the property.
  • Furniture Order: You can apply for this alongside an Occupation Order. It prevents the abuser from taking essential household items (fridge, beds, washing machine) when they leave.
  • Note: These are often applied for at the same time as a Protection Order.

3. Protecting Assets from “Dissipation”

“Dissipation” is when an abuser spends, hides, or gives away money to prevent you from getting your fair share.

  • Notice of Claim: Your lawyer can register a “Notice of Claim” against the title of your house. This prevents the abuser from selling or re-mortgaging the home without your knowledge.
  • Freezing Orders: If you think the abuser is about to drain a bank account or sell a car, a Judge can issue an urgent order to freeze those assets immediately.
  • Compensation: If the abuser has already spent relationship money (e.g., on gambling or a new partner) after you separated, the Court can “add” that money back into their share, meaning you get more of what is left.

4. What counts as “Relationship Property”?

In NZ, almost everything earned or bought during the relationship is shared, including:

  • The Family Home: Even if one person owned it before the relationship, it often becomes relationship property once you live in it together.
  • KiwiSaver: The value added to your KiwiSaver accounts during the relationship is split 50/50.
  • Debts: This is the “hidden” asset. Any debt taken out for the family (mortgage, car loan, household bills) is a shared responsibility. Personal debt (like an abuser’s secret gambling debt) remains theirs.

5. Occupation Rent

If you move out of the family home because of violence and the abuser stays there, you may be entitled to “Occupation Rent.” This is a payment the abuser makes to you (or a credit you get in the final settlement) to compensate you for not being able to use your half of the house.

Strategy: The “Asset Snapshot”

If it is safe to do so before you leave, take photos of:

  • The registration plates of all vehicles.
  • The serial numbers of expensive tools or electronics.
  • The Account Numbers on any mail from banks, KiwiSaver providers, or insurance companies.
  • Any valuable items (jewelry, art, collectibles) that might “disappear” once you leave.

Lawyers

Finding a lawyer who understands both relationship property and family violence is crucial. In New Zealand, property division is usually a “civil” matter, but when violence is involved, you can often get Legal Aid to cover the costs of securing your assets.

1. How to find a Specialist Lawyer

The best way to find a lawyer who is currently accepting Legal Aid clients is through the official Ministry of Justice Lawyer Finder.

  • Legal Aid Lawyer Finder (Official Link)
    • How to search: Select your region (e.g., “Auckland”) and for the “Law Type,” select “Family.” * Pro-tip: Look for lawyers who list “Relationship Property” and “Family Violence” as their specialties. Avoid any that say “Supervised,” as they cannot take on new cases alone yet.

2. Recommended Firms (Specialists in Family Harm & Property)

Some firms specifically market themselves as specialists in this intersection. While I can’t endorse a specific firm, these are well-known for handling Legal Aid cases in this area:

  • Denham Bramwell (South & East Auckland): They have a large family law team and are registered Legal Aid providers for both Protection Orders and Property disputes.
  • Williams Law (Pukekohe/South Auckland): Janine Williams specializes in cases where separation and property overlap with family violence.
  • Eden Family Law (Central Auckland): They provide help with Legal Aid applications and represent victims in the Family Court.

3. Community Law Centres (The Best Starting Point)

If you are overwhelmed, start with a Community Law Centre. They cannot usually represent you for a full property settlement, but they provide free initial advice and can “hand-pick” a trusted Legal Aid lawyer to refer you to.

  • Auckland Community Law Centre: (09) 377 9449
  • Māngere Community Law Centre: (09) 275 4310
  • Waitematā Community Law Centre: (09) 835 2130

4. What to ask a potential lawyer

When you call a lawyer, ask these three questions immediately to see if they are the right fit:

  1. “Are you a registered Family Legal Aid provider?”
  2. “Do you have experience with Section 15 claims (economic disparity) for victims of family violence?”
  3. “Can you help me apply for an Occupation Order so I can stay in my home safely?”

5. Important: Will you have to pay it back?

In New Zealand, Legal Aid for Protection Orders is usually free (you don’t pay it back). However, Legal Aid for Relationship Property is often considered a loan.

  • The “Statutory Land Charge”: If you receive money or a house in the settlement, the government will put a “charge” on that asset. You will eventually have to pay the legal fees back once the property is sold or the settlement is finished.