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christhelawyer, Lawyer
Category: New Zealand Law
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Experience: LLB MMgt FAMINZ 32 years qualified as lawyer
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I am a kiwi living in the UK. I wish to divorce my husband

Resolved Question:

I am a kiwi living in the UK. I wish to divorce my husband who returned to NZ two years ago. Can I go through the process here and what do I do if he refuses to sign the papers.

Submitted: 1 year ago.
Category: New Zealand Law
Expert:  christhelawyer replied 1 year ago.

Hi
Welcome to JustAnswer. You can apply from the UK and it would be cheaper to apply in the NZ Family Court as you will not need to come back, as the divorce is dine on the papers. You should ask your family lawyer to prepare the papers and you can sign them in the UK and the lawyer will aranage to file and serve your husband. He does not need to do anything and the order will come through within about 8 weeks after service of the papers. I suggest applying here as UK lawyers are much more expensive than NZ lawyers

Customer: replied 1 year ago.

Hi

Thank you for coming back to me so promptly. Do I contact the NZ Family Court myself to get the appropriate documents, or ask my lawyer to do that. Can you please give me an estimate of their charges.

Kind regards

Raelene

Expert:  christhelawyer replied 1 year ago.

You can get the documents from the family court website at http://www.justice.govt.nz/courts/family-court/forms/list-of-forms/forms-for-proceedings-under-family-proceedings-act-1980-and-care-of-children-act-2004. I suggest you have a look at these. You will need to get a copy of the marriage certificate as well. Lawyers dont charge a lot for this-$400 to $1000 depending on the lawyer and there is a filing fee with the court which is $211.50. You will also need a fee for a process sever to give the husband his copes-usually about $100 to $150

Customer: replied 1 year ago.

Thank you that is very helpful. There are so many forms - is the one I need called Joint Application for Order Dissolving a Marriage ??

Raelene

Expert:  christhelawyer replied 1 year ago.

No-that would be the easiest way, but requires your husband to cooperate. If you think he would sign this, it would be very easy. Otherwise you need FP11

Customer: replied 1 year ago.

FP11 it has to be, as he would never sign the other one. You have been most helpful. I wish I took more notice when working in a law office in Hastings NZ - but the partner I worked for did conveyancing.

Kind regards

Raelene

Expert:  christhelawyer replied 1 year ago.

If that partner is on good terms he/she may have someone who could help-but with your background you may not need any

christhelawyer, Lawyer
Category: New Zealand Law
Positive Feedback: 98.1 %
Satisfied Customers: 16294
Experience: LLB MMgt FAMINZ 32 years qualified as lawyer
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