Relationships, New Relationships, and Children – Making the right Will for your circumstances

Spouses or partners often make wills together, with similar or mirror terms.  They often assume that such wills cannot be changed and will be binding on the other spouse or partner, even if there is a change in future circumstances. This is not always the case. The general rule is that wills can be updated or changed at any time, even if they are signed together and mirror the terms of the will of their spouse or partner.

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The Retirement Village Option - Lifestyle Paradise or a Financial Cost?

The growth of the retirement village industry is a defining feature of lifestyle for the senior group in the 21st century.  Many elderly people view moving into a retirement village unit as a safe, secure and convenient way of life.  However the financial and opportunity costs involved in entering into a retirement village need to be carefully considered. 

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Reviewing Your Relationship Property Agreement: Nothing Lasts Forever

“Nothing endures but change”

So said Heraclitus some 2500 years ago, and his observation still rings true today.  A relationship property agreement reflects a snapshot of your and your partner’s circumstances at the time it was signed. The recent case of Clayton v Clayton [2015] NZSC 30 sharply illustrates the need to consistently review and update your agreement.

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Maintenance

When a couple separates, it may be necessary for one party to seek temporary financial assistance from the other, in the form of maintenance payments. However, in order to obtain an order for maintenance an applicant must satisfy the Court that one of the following grounds has caused a real and substantial lack of self-sufficiency:

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Domestic Violence/Protection Orders

If you are living with a partner or a family member, or have a close relationship with someone in the household, and you are subjected to violence, you may be able to get a protection order on the grounds of domestic violence. These are some questions we are often asked about these situations.

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How Does the Father of a Child Establish Paternity?

Paternity issues can create stress and hard feelings if not dealt with promptly and definitively - not just for the parents concerned, but also for the child. Sometimes that means lawyers and the Family Court must be involved.

Andrew met Sally at a pub in town last August. Sally is from England and was working as a waitress part time. Andrew and Sally began a casual relationship which lasted only a few months. Soon after the relationship ended Sally discovered she was pregnant. She informed Andrew and throughout the pregnancy they kept in touch. They even attempted a reconciliation, but it was short lived. When their baby Annabelle was born, Sally allowed Andrew to visit and spend time with her on a few occasions. Over that time, he grew exceedingly fond of Annabelle but a month or so later all contact ceased and Sally would not take Andrew's calls. Andrew suspected that Sally did not want him in Annabelle's life and that she probably wished to return to England with Annabelle in the future, without having to seek consent from him. Andrew obtained a copy of Annabelle's birth certificate, only to find he was not recorded as the father. Unsure of what to do to protect his legal position with respect to his daughter, Andrew sought our advice.

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