New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law
This answer was rated:

My husband and I are on the way to getting a divorce. He's a

Hi, my husband and I...
Hi, my husband and I are on the way to getting a divorce. He's a CFO earning alot of money, I'm in a growing business not earning any income. We have a house between us, and he has put finances into the business, whilst I have put my time, effort and expertise into it over the last 4 years. I think he's going to try and sell the business (which is still making a loss at this point), and then divide everything in half, which will leave me with very little, and no income. Do you have any advise on what I can talk to him about re: this? Many thanks
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Auckland, New Zealand
JA: Have you talked to a lawyer yet?
Customer: Not yet - very early dissapointed stage!!
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so?
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 5 minutes by:
9/21/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,260
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

Ask Your Own New Zealand Law Question

In cases like this where your business is at an early stage, it is unlikely to be worth very much. The big issue is the potential. But where you have given up your income to grow the business, and he has earned a high income, you may have an option of seeking lump sum compensation under the Property Relationships Act. So you would make a claim against his substantial income, and perhaps an exchange he can forgo any claim against your business

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
Thanks Chris, have you seen my questions?

15 Court may award lump sum payments or order transfer of property

(1) This section applies if, on the division of relationship property, the court is satisfied that, after the marriage, civil union,or de facto relationship ends, the income and living standards of one spouse or partner (party B) are likely to be significantly higher than the other spouse or partner (party A) because of the effects of the division of functions within the marriage, civil union, or de facto relationship while the parties were living together.

(2) In determining whether or not to make an order under this section, the court may have regard to—

(a) the likely earning capacity of each spouse or partner:

(b) the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship:

(c) any other relevant circumstances.

(3) If this section applies, the court, if it considers it just, may, for the purpose of compensating party A,—

(a) order party B to pay party A a sum of money out of party B’s relationship property:

(b) order party B to transfer to party A any other property out of party B’s relationship property.

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
Great, thanks Chris ........

The house property of course will need to be divided in the usual way. But you will need to take formal legal advice when it comes to reaching an agreement, because each of you will need to get independent legal advice. I assume your husband is an equal shareholder in the business, which must be why he is talking about selling this. But it's not quite as straightforward because of the effect of section 15 which I have pasted above

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
No, I am the only director of the business, but he controls the accounts unfortunately, and I don't have access.

Are you equal shareholders?

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
No, he is not a shareholder either, but because he has 'held up' the business with his income, he has control of the accounts (which is one of the reasons we are headed down this track) :)

If he is not a shareholder or director, then by controlling the accounts he really has no power. There is nothing to stop you from acting as the director and taking over exclusive rights to the bank account and any trade accounts.

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
Unfortunately, we have our business loan over the house so all the accounts are integrated into a revolving credit facility, so he moves the money around and in and out of his personal accounts - can I separate them without him? We are both on title of the house, and the business account (the more I'm talking about this the sillier I feel!!)

Your key argument may be the ability to claim a lump sum from his income. But you may want to set up banking facilities in anticipation, and separate out the business from personal accounts. It may be premature, but you might want to consider a mediation to resolve the property issues, which would be very much faster and cheaper than going to court. If he is talking about selling the business under your feet, and shuffling money around to suit his own purposes, you can get freezing orders, but this may have a dampening effect on your business. So some urgent facilitated discussion may prevent this from getting too tied up in a court battle

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
Can you recommend anyone up here?

You could try Jeremy Sutton

Ask Your Own New Zealand Law Question
Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
Will do Chris, thank you so much for the advice, really appreciate it - I'll look him up.

Or Michael Headifen

Ask Your Own New Zealand Law Question

Address: 199 Mount Eden Rd, Mount Eden, Auckland 1024

Phone: 09-638 6500

Ask Your Own New Zealand Law Question
Customer reply replied 2 months ago
Will do, many thanks :)
RegardsToni

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,260
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Chris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
Ask your own question now
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,260
23,260 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,260 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

57 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
I am a Kiwi currently living in Australia for the past 12
Hi there I am a Kiwi currently living in Australia for the past 12 years, 11 years ago I had immigration charges from NZ and I would like to know if those charges are still active and how I go about s… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
Is insurance on commercial property recoverable off
Is insurance on commercial property recoverable off tentants. Ie on standard Auckland lease terms and conditions… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I live for 11years at the same addressand we share the road
Good morning, I live for 11years at the same address*****and we share the road with the neighbours***** Now the farmer from the*****brought his cows to graze at our home address. His cows poo on the w… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I have bought a commercial tentated building. Setlement is
setlement is one day after rent due What happens with rent here … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I would like to enquire about compensation for inability to
I would like to enquire about compensation for inability to work following an industrial accident. Firstly could you advise me of what it would cost? Basically I was working "under contract" as a pain… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
If I am on an unpaid meal break, does my employer have
Second opinion] If I am on an unpaid meal break, does my employer have jurisdiction over me during that break… read more
serish khan
serish khan
Lawyer
Bachelor
57 satisfied customers
I got a car from a dealer in Feb this year the motor I
hello I got a car from a dealer in Feb this year the motor blown I didn't get insurance for mechanical breakdown cause of age what can I do … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I have just been advised by my Insurance broker AON that my
Hi I have just been advised by my Insurance broker AON that my car insurance was missed out since last july and they said they would have honoured the repair anything happened to the car, however I ha… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I am a tattoo artist in Auckland and I need some legal help
hi there I am a tattoo artist in Auckland and I need some legal help regarding a tattoo i did on a 16 year old … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
Can we have another conversation by telephone please and I
Hi Chris. Can we have another conversation by telephone please and I would also like you to review a letter I have written to the employee: Termination of your employment – dismissal without notice. I… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I am an owner in an apartment. I wish to attend the
I am an owner in an apartment. I wish to attend the committee meetings of the Body Corp. Do I have a right to attend. I attended today regarding a serious complaint regarding lack of lighting or insuf… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
My husband has died and has not left enough money to pay off
My husband has died and has not left enough money to pay off debts for credit cards, finance loans etc. He did not have any interest in our house. I did not stand guarantor for any of his finances. Am… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
Waipa new zealand, looking for property zoning, no address
hi Chris JA: What state are you in? It matters because laws vary by location. Customer: waipa new zealand JA: Has anything been filed or reported? Customer: looking for property zoning JA: Anything el… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I have an order in my favour from the Disputes Tribunal
Hi Chris, I have an order in my favour from the Disputes Tribunal dated 4 July 2017. I still haven't received payment. I don't know much about the personal circumstances (just the address). What's the… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
My Mum has early dementia and can no longer sign for things.
My Mum has early dementia and can no longer sign for things. Im taking her on Holiday over seas Im worried that her new passport doesn't have her signature in it plus geeting her to sign Declaration c… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I am a 71 yr old male with respiratory issues.I sent my car
Hi.I am a 71 yr old male with respiratory issues.I sent my car in for a wof,while there the garage released an odor buster inside the car.This has given me serious health problems as well as being una… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I have recently submitted an application to the Banking
Hi, I have recently submitted an application to the Banking Ombudsman in regards ***** ***** owing to ANZ Bank. I have since received a reply from ANZ Bank the debt owing I am still liable because I d… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers
I had a tenant from that was on a WINZ benefit.She very
I had a tenant from hell that was on a WINZ benefit.She very quickly made a mess and did not pay her rent , so she left. I went through the Tenancy Tribunal who ordered her to pay. I also gave the Adj… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,260 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x