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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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From the time i was married, my husband would not appear in

Customer Question

From the time i was married, my husband would not appear in public with me as any other couple does in a normal relationships (except within his parents home or within church. In both places there was no closeness shown as other couples. I had interests outside the home which i longed for him to share/support me with. He would always choose to stay at home and 'play cars' everytime, to the extent of having cars race down a toy ramp and 'timing' each car. Many times i would 'catch him' in the room, playing cars as a child would, making the 'sounds' as well. I remember him a couple of times during 3rd or 4th year of marriage, talking about an accident he had when very young. In which a vehicle? ran over him, he's in hospital bed. When his Dad visit him, the Dad is told he wouldn't be able to see. The Dad had brought in a truck, and husband could see it. I have had 'inklings' over the few years we were married, thinking he has 'something' wrong with him that i did not know about at time of marriage. Is this reason for annulment of marriage - there maybe being presumably, 'something wrong' with him prior marriage, that i did not know about.
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
Is there grounds for annulment then?
Expert:  Chris The Lawyer replied 1 year ago.

The only grounds for seeking an order that a marriage is a nullity is where one of the parties to the marriage did not understand that you were getting married, or lacked capacity. There is no ground for annulment in what you describe, and if you want to dissolve the marriage you need to separate and then wait the standard 2 years and then apply. There is nothing stopping you from leaving at any time of course.

Customer: replied 1 year ago.
October this year, is the end of two years separation for both of us. Do I apply for a Dissolution of Marriage in the month of October for this to end our marriage?
Expert:  Chris The Lawyer replied 1 year ago.

Yes, you can apply then for dissolution

Customer: replied 1 year ago.
I brought everything into the marriage - the home I want my children, Grandchildren, Great Grandchild to have (family home). My Great Grandchild placenta is buried there. What happens with the home?
Customer: replied 1 year ago.
Hiw can I leave it for the family. He and I married in May, 2005 (2nd husband) and not always lived as couple all those years.
Expert:  Chris The Lawyer replied 1 year ago.

The Property Relationships Act does provide for equal division of all property. Once you have been together for more than three years, then he has the right to make a claim to a half share. Once you get the marriage dissolved then he would have 12 months to make a claim, but if he does not make a claim, then he would be out of time

Customer: replied 1 year ago.
At the time if separation the property was worth less than it is now. Would the division if the property be what it was worth at the time if separation OR what it is worth now.
Customer: replied 1 year ago.
Oops, spelling errors, change the 'if's' to of. Cheers.
Expert:  Chris The Lawyer replied 1 year ago.

The way this works is that the property is valued as at the date of a court order, or if it does not need to go to court to divide the property, then as at the date of any agreement as to property. The shares are determined that as at the date of separation. Normally this is equal sharing, but if you have had to pay all of the overheads like rates, insurance and mortgage this is taken into account

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