Divorce in Tasman
When a marriage has broken down and one of the spouses has notified the other spouse about the breakdown of the marriage and the intention to file for a divorce application. Before you file for an application for divorce in a court at Tasman, you need to have settled some arrangements with your spouse such as child custody, maintenance of the children, property division and finances division.
In Tasman, you can make arrangements about division of property when you file for a divorce. To divide property in an ongoing divorce, you need to make agreements. This agreement will entail how to share the property without involving the court. You can have an unenforceable agreement with your spouse which is based on trust but this is not advisable because your spouse can deny such agreements later on. If you wish to have an enforceable agreement, you need to make sure that the agreement is in writing and that you both have separate legal advice. You can get quality legal advice from lawyers at Divorcenz.com.
You can also make use of a Family Dispute Resolution to help divide properties in a fair manner and without having unnecessary long arguments. Family Dispute Resolution can be used when the spouses find it hard to make an agreement on how the properties should be divided.
Also you can make use of the Family Court in situations where you and your spouse can’t agree on the division. The reason why some spouses do not agree on division of property is because they feel they might get cheated by the other spouse. If a spouse feels the division is not fair or they are being cheated and fail to come to an agreement, the case will be referred to court. In court, the properties will be listed and then valued. After, the court will decide on how the properties will be divided between the spouses and would be put in a Relationship Property Order.
Before going into any of the processes regarding division of property in Tasman, you need legal advice and it is necessary to have spoken to your lawyer to know which of the properties you will be entitled to during the division of property.
Most times properties divided during a divorce are properties which are acquired during the marriage like any property gained during the subsistence of the marriage intended for both of you.