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I am researching information for my partner of 6 months, he…

Hello, I am researching...

Hello, I am researching information for my partner of 6 months, he has split from his wife 8 months ago and has 2 children and a mortgage with her. He is about to go to a solicitors appointment tomorrow and would like to know where he stands in regards ***** ***** in another relationship after separating from his wife (but still married).

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New zealand

Lawyer's Assistant: Have you talked to a lawyer yet?

No he hasn't. He is worried about the costs. I have advised him to do this but the appointment is tomorrow...!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you,

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Answered in 5 minutes by:
9/26/2017
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi

I am a New Zealand lawyer based in Wellington. I will be helping you with your questions today

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Customer reply replied 9 months ago
Thank you

The new relationship doesnt affect his rights about a half share of the property and the contact and parenting issues. Divorce is a no fault system in New Zealand. Was this his concern?

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Customer reply replied 9 months ago
Thank you - he is not divorced (yet), so I want to ensure that him being in a relationship it won't make a difference to the divorce process? It is in relation to the property split and the house yes,
Customer reply replied 9 months ago
the kids!

There isnt any penalty for entering a new relationship and its actually fairly common. The issues will be division of the property and arrangements for contact and parenting. It doesnt matter if you are there. Its what is in the best interests of the children, and the new relationship doesnt affect that.

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Customer reply replied 9 months ago
Thank you very much for that. Do I have to pay again to ask a separate question please in relation to the children? His two children were born in the UK and have dual passports (UK & NZ). Is she able to take them away from him (move/extended holidays) overseas (or to the UK) without his permission? (they are 10 & 11 years old). This is the last question - thank you

She cannot take the children from New Zealand without his consent. If she does this, he would be able to force her to return the children under the Hague Convention, and she would lose custody

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
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
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Customer reply replied 9 months ago
Excellent - thank you so much, I really appreciate your assistance. Have a lovely evening.
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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).

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