Divorce in NZ?

Old Jun 23rd 2010, 10:19 am
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Thumbs down Divorce in NZ?

Not a nice subject I know.

My understanding is in NZ you have to have been separated for 2 years before you can get a divorce. My lawyer pretty much confirms this.

However, he hinted at possible ways round this that don't involve perjuring yourself by back dating the date you separated.

I thought I'd ask if any of you good folk know a way round this, rather than lining his pockets with anymore dollars!
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Old Jun 23rd 2010, 10:26 am
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Default Re: Divorce in NZ?

could you not get divorced in the UK?
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Old Jun 23rd 2010, 10:26 am
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Default Re: Divorce in NZ?

via correspondence i mean not in person
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Old Jun 23rd 2010, 10:28 am
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Default Re: Divorce in NZ?

Originally Posted by rason View Post
via correspondence i mean not in person
According to the OH you have to reside in the UK for 6 months to file for a quickie divorce from there. I've not looked in to it TBH. It's him who wants the quicker divorce. With 4 kids here in school in NZ and used to both parents being in their day to day lives, I don't think that's a reasonable option.
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Old Jun 23rd 2010, 10:42 am
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Default Re: Divorce in NZ?

Sorry to hear about your situation.crap.

just googled this dont know if its any help but looks fairly common unfortunetly. Dont know if OH is Kiwi etc

http://expatwomen.blogspot.com/2009/...ce-abroad.html

Taking from one of the articles on this very website...

"The good news is that in most circumstances anyone originally from England or Wales can use the English Courts, on the basis that you are ‘domiciled’ in the UK. Domicile is a somewhat obscure legal concept but means, basically, that you have a ‘legal connection’ with England and that the English courts therefore have jurisdiction to grant you a divorce for instance.

The House of Lords said recently that the test to be applied by divorce judges is, “was the connection with England of the parties and their marriage sufficiently close to make it desirable that our courts should have jurisdiction to dissolve their marriage.”

As long as an English court is satisfied that England is one of the parties ‘home country’ then the court can deal with a divorce, even in cases where someone has lived abroad for many years."

"In cases where the courts can help however most expats are surprised to learn how quick and uncomplicated a divorce can be these days. The average case takes around sixteen weeks, and neither party has to appear in court at any stage."

All the best
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Old Jun 23rd 2010, 10:48 am
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Default Re: Divorce in NZ?

Thank you rason, will have a good look at that tomorrow. OH is a Kiwi, but we met and married in the UK and lived there for many more years then we have here in NZ.
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Old Jun 23rd 2010, 12:17 pm
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Default Re: Divorce in NZ?

Originally Posted by Am Loolah View Post
However, he hinted at possible ways round this that don't involve perjuring yourself by back dating the date you separated.
Very sorry to hear of your situation, only comment I have is that any such method (I guess similar to the old "giving grounds" from way back in the UK), requires cooperation between the parties throughout the process and has complications if that cooperation breaks down. Only you can make that call but just FWIW.
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Old Jun 23rd 2010, 12:48 pm
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Default Re: Divorce in NZ?

Very sorry to hear about this difficult issue. Since he's the one who wants a quickie divorce let him do all the work (in the nicest possble way of course).

I think the NZ system places emphasis on the care of the children before divorce is granted, whereas the UK system just dissolves the marriage (could be wrong on this, but I seem to recall it). I might be worth your while going through the two year process. What do you have to lose?
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Old Jun 23rd 2010, 8:00 pm
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Default Re: Divorce in NZ?

Am Loolah, Sorry your marriage is on the rocks. I'm British and my husband is a kiwi and we will emigrate to NZ in February next year. Hope we don't go to the wall as another divorce statistic prior to the arrival of the grim reaper as that it what we vowed, albeit 16 years ago !
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Old Jun 23rd 2010, 8:25 pm
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Default Re: Divorce in NZ?

Divorce sucks, sorry flower

If it will help u out i would be willing to come round for a quick knee trembler and the resulting saucy photos might speed the case along, anthing to help out


Prob best not to mention it to Jan
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Old Jun 23rd 2010, 9:01 pm
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Default Re: Divorce in NZ?

Thankfully I have no knowledge of divorce laws but just wanted to send Oh Fairy One xxx
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Old Jun 23rd 2010, 9:13 pm
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Default Re: Divorce in NZ?

Originally Posted by Vitalstatistix View Post
Thankfully I have no knowledge of divorce laws but just wanted to send Oh Fairy One xxx
This is as good as i can get aswell. But wanted you to know im thinking about you.

Now i can think straight again blurrgghh

xx Psycho
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Old Jun 23rd 2010, 10:36 pm
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Default Re: Divorce in NZ?

Hi Caroline

And there was I thinking you were a big happy family. So sorry to hear of your troubled times. I hope it all works out well for you.

See you in January all being well.

June
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Old Jun 24th 2010, 2:11 am
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Smile Re: Divorce in NZ?

Originally Posted by Am Loolah View Post
Not a nice subject I know.

My understanding is in NZ you have to have been separated for 2 years before you can get a divorce. My lawyer pretty much confirms this.

However, he hinted at possible ways round this that don't involve perjuring yourself by back dating the date you separated.

I thought I'd ask if any of you good folk know a way round this, rather than lining his pockets with anymore dollars!
Hi there so sorry to hear of your seperation and impending divorce. I am a brit that was married to a Kiwi and now divorced. It is deff 2yrs seperation before a divorce is granted. I guess being able to say you seperated before you did depends on when your ex hubby went back to the UK.
Just a thought though can you not say the marriage broke down however long ago and that you were in seperate bedrooms or whatever but due to the circumstances (ie:him returning to the UK) that it made more sense for the sake of the children for you both to remain in the same house?? Just a thought it you want it to move along faster and your ex hubby agrees?
If its not something you want to focus on right nw and your ex is pushing for it maybe let him make the application from overseas?

WHatever you do make sure you take care of YOU! It can be such a tough time I was the Brit one and my ex a Kiwi we are both still in NZ however.
We had several business interests and out lawyers both commented that they couldnt believ how quickly we had come to an agreement (obviously they were dssapointed that we werent scratching each others eyes out lol, believe me i felt like it) But i would rather the money be in our pockets that the legal fraternity....
All the best to you and your family
Cally x
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Old Jun 24th 2010, 7:19 am
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Default Re: Divorce in NZ?

Originally Posted by Am Loolah View Post
Not a nice subject I know.

My understanding is in NZ you have to have been separated for 2 years before you can get a divorce. My lawyer pretty much confirms this.

However, he hinted at possible ways round this that don't involve perjuring yourself by back dating the date you separated.

I thought I'd ask if any of you good folk know a way round this, rather than lining his pockets with anymore dollars!
Why don't you do it yourself and not line anyone's pockets? You can opt for mediation and divvy up assets in an agreement and then file the paperwork yourself. I was quoted 3,000 POUNDS in Ireland in 2000 and did it myself four years later for 38 Euro including the taxi fare to the court! I know it can get messy if there are 'issues' but if it's straightforward......
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