Family Law Glossary
Understanding the legal terminology used in New Zealand family law.
This glossary provides definitions of common terms used in New Zealand family law. Understanding these terms can help you navigate the legal process more confidently. If you need further clarification on any legal terminology, please contact our team for assistance.
A Terms Beginning with A
Affidavit
A written statement of facts, sworn to be true by the person making it and signed before a person authorized to administer oaths, such as a lawyer or Justice of the Peace. Affidavits are commonly used in Family Court proceedings.
C Terms Beginning with C
Care of Children Act 2004
The New Zealand legislation that governs parenting arrangements for children when parents separate. It focuses on the welfare and best interests of children.
Child Support
Financial support paid by a parent to help with the costs of raising a child. In New Zealand, child support is administered by the Inland Revenue Department and is separate from the Family Court system.
Consent Order
A court order that records an agreement between parties. In family law, consent orders often formalize agreements about parenting arrangements or property division.
Contact
The legal term in New Zealand for what was previously called 'access' or 'visitation'. It refers to the arrangements for a child to spend time with the parent they don't live with day-to-day.
Contracting Out Agreement
A legal agreement (also called a prenuptial agreement or Section 21 agreement) that allows couples to opt out of the equal sharing provisions of the Property (Relationships) Act 1976 and make their own arrangements for property division.
D Terms Beginning with D
Day-to-day Care
The legal term in New Zealand for what was previously called 'custody'. It refers to who the child lives with and who is responsible for their daily care and making day-to-day decisions.
De Facto Relationship
A relationship between two people who live together as a couple but are not married or in a civil union. In New Zealand, de facto relationships of three years or more generally have the same property rights as marriages under the Property (Relationships) Act.
Dissolution of Marriage
The legal term for divorce in New Zealand. It is the formal ending of a marriage by court order.
Domestic Violence
Physical, sexual, or psychological abuse against a person by someone with whom they have a domestic relationship. In New Zealand, domestic violence is addressed under the Family Violence Act 2018.
F Terms Beginning with F
Family Court
The division of the District Court in New Zealand that deals with family matters including divorce, parenting arrangements, domestic violence, and relationship property disputes.
Family Dispute Resolution (FDR)
A mediation process designed to help families resolve disputes about children without going to court. In most cases, parties must attend FDR before applying to the Family Court for parenting orders.
Family Violence Act 2018
The New Zealand legislation that provides protection for victims of domestic violence, including provisions for protection orders.
G Terms Beginning with G
Guardianship
The legal responsibility for making important decisions about a child's upbringing, including education, health, religion, and culture. In New Zealand, both parents are usually joint guardians of their children, regardless of their relationship status.
L Terms Beginning with L
Lawyer for Child
A lawyer appointed by the Family Court to represent a child's interests in proceedings that affect them. The lawyer's role is to ensure the court considers the child's views and welfare.
P Terms Beginning with P
Parenting Agreement
A written agreement between parents that sets out arrangements for the care of their children. While not legally binding on its own, it can be formalized through a consent order.
Parenting Order
A court order that determines day-to-day care and contact arrangements for children. It can be made by consent or after a court hearing if parents cannot agree.
Property (Relationships) Act 1976
The New Zealand legislation that governs how property is divided when relationships end. It generally provides for equal sharing of relationship property for marriages, civil unions, and de facto relationships of three years or more.
Protection Order
A court order that protects a person from domestic violence. It prevents the respondent from contacting the protected person or coming to their home or workplace, and may include other conditions.
R Terms Beginning with R
Relationship Property
Property that is considered to belong to both partners in a relationship and is generally divided equally when the relationship ends. It typically includes the family home, household items, and assets acquired during the relationship.
S Terms Beginning with S
Separate Property
Property that belongs to only one partner and is not subject to equal division when a relationship ends. This typically includes property acquired before the relationship or received as gifts or inheritances, unless it has become intermingled with relationship property.
Separation
When a couple decides to live apart with the intention of ending their relationship. In New Zealand, couples must be separated for at least two years before applying for a divorce.
Spousal Maintenance
Financial support paid by one spouse or partner to the other after separation or divorce. In New Zealand, it is based on need and ability to pay, and is typically temporary.
W Terms Beginning with W
Without Notice Application
An urgent application to the court that is decided without first hearing from the other party. In family law, without notice applications are often used for urgent protection orders or parenting orders where there are safety concerns.
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