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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22156
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hullo. I have recently returned to NZ, as I am a New Zealand

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I have recently returned to NZ, as I am a New Zealand citizen, after breaking up in Germany with my German wife. We did go to a Notar there and signed a separation agreement. My wife says she will pay for this and the Notar, Notary Public I guess here in NZ, will not release those papers until she does so. She is refusing to answer my emails on the subject and, as far as I am aware, has not paid for the papers to be released.
We were married in Germany first, then later here in NZ.
Is it at all possible for me to get a separation agreement here without her signing it?. I know that she will not make herself available to do so.
Thank you,
Best regards,
Neil Walker.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Under New Zealand law a separation agreement is not really important as you can rely on an oral agreement to separate or even the fact of separation. For purposes of getting the marriage dissolved this is quite sufficient. does that help? It means you don't have to worry about getting the papers from her.
christhelawyer : it is different with property and children, but if there are no issues for these then this is not a problem for you.
JACUSTOMER-1q4j7hip- :

Many thanks for that. There are no children and there is no property to consider. I do however need something in writing as I am on NZ Superannuation and at present I am missing out on approx. $200 a month because I have no written agreement with my wife regarding being separated. They have asked to see something on paper before they can increase my payments.

christhelawyer : That seems a bit bureaucratic. Perhaps applying for a separation order would convince them, but this would involve court costs of course, or you could get a separation agree,net drawn up, although your wife still needs to sign this.
christhelawyer : *agreement
JACUSTOMER-1q4j7hip- :

Thanks again. I am going to Germany in August and, having received an email from a friend there this morning, will be going with him to the German lawyers and getting the papers released. He is fluent in the German language, so it should all go smoothly.

JACUSTOMER-1q4j7hip- :

All it will cost me is the release fee, not a huge amount!! Thank you for your help, much appreciated.

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