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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I got married in New York State 4 years ago. As a Kiwi living

Resolved Question:

I got married in New York State 4 years ago. As a Kiwi living in NZ (with my husband) I want a divorce.Can i get a non-contested divorce here in NZ that is also legal in NY?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You can apply for the marriage to be dissolved in New Zealand after you have been separated for 2 years and this will be valid in New York. The property issues can be settled by an agreement under the New Zealand Property Relationships Act and this will be binding under our law, and likely to be effective overseas. But if you want specific advice on New York law and this agreement you would need advice from a US lawyer
Customer:

Thanks for that. Can you please clarify how to legally 'separate" and how to avoid costs if possible?

christhelawyer : Under New Zealand law there is no real formality about separation. If you leave with the intention of living apart that is enough and there are no legal formalities needed. It is pretty simple and no fuss nor cost
Customer:

So can we simply both sign a piece of paper stating that we are stating on xxx date, and that as far as dividing proprty, the wife (me) is willing to accept $10,000 (for example) in lieu of any further claims as to house or possessions, and that I hereby relinquish any further claims after said payment is made?

Customer:

OOps, in first sentence "both sign a piece of paper stating that we are stating on xxx date" I meant "both sign a piece of paper stating that we are separating on xxx date"

Customer:

I'm not interested in half the house or half his money. And I know that this is what is worrying him.

Customer:

That I might try to get half of everything. So I want to put his mind at rest.

Customer:

And of curse to avoid any lawyers' fees further down the road!!

Customer:

*curse= course

Customer:

That is my last question - so am looking forward to your answer Chris. If you have any other suggestions, I'd much appreciate them too....

christhelawyer : You should get an agreement drawn up to record the settlement which he may ask anyway. This would be all that is needed
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19260
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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