Naomi Samantha Cramer |Specialist Family Lawyer New Zealand

Family lawyer costs in New Zealand vary depending on the lawyer’s experience, location, and the complexity of your case. Generally, you can expect hourly rates to range from $350 to $550 plus GST.

Many lawyers charge an initial consultation fee, which typically ranges from $150 to $350. Some offer free initial consultations. It’s important to ask about their fee structure upfront, including whether they charge for emails, phone calls, and file preparation.

For straightforward matters like uncontested relationship property settlements or simple parenting arrangements, costs might range from $2,000 to $5,000. More complex cases involving court proceedings can cost significantly more, potentially $10,000 to $50,000 or higher.

Always request a written fee agreement and ask for regular updates on costs as your matter progresses.

In New Zealand, a mother cannot unilaterally stop a father from seeing his children without a valid reason or a court order. Under the Care of Children Act 2004, both parents have equal rights and responsibilities toward their children, regardless of their relationship status.

The guiding principle is always the welfare and best interests of the child. A parent can only restrict contact if there are serious concerns about the child’s safety or wellbeing, such as evidence of abuse, violence, or substance abuse issues.

If one parent prevents contact without justification, the other parent can apply to the Family Court for a parenting order. The Court will consider what arrangement serves the child’s best interests and will generally favour maintaining meaningful relationships with both parents where safe to do so.

If you’re facing difficulties with parenting arrangements, it’s advisable to seek legal advice or engage in mediation services before going to court.

Legal aid in New Zealand is not entirely free for most people. It’s a government-funded scheme that helps people who cannot afford legal representation, but eligibility depends on your income, assets, and the merits of your case.

Naomi has transitioned away from Legal Aid services. This decision allows her to dedicate the necessary time to each case without the preparation constraints and hourly caps often imposed by the legal aid system.

If you qualify for legal aid, you may still need to make contributions toward your legal costs based on your financial circumstances. These contributions can be paid in installments. The amount you contribute depends on your income and assets.

For family law matters, legal aid is available for issues involving parenting arrangements (including when there are safety concerns) and relationship property disputes. However, there are income and asset thresholds that determine eligibility.

You can apply for legal aid through the Ministry of Justice website or by contacting a legal aid provider. Your lawyer can also help you with the application process. Community Law Centres offer free legal advice and may be able to assist with legal aid applications.

Whether your partner is entitled to a share of your house depends on the nature of your relationship and how long you’ve been together. In New Zealand, relationship property is governed by the Property (Relationships) Act 1976.

If you’ve been in a de facto relationship or marriage for three years or more, your house is generally considered relationship property and would typically be divided equally (50/50), even if only one person’s name is on the title.

However, there are important exceptions. If you owned the house before the relationship began, the increase in value during the relationship may be considered relationship property, while the initial value remains separate property. If the relationship lasted less than three years, different rules apply, though a partner may still have a claim in certain circumstances.

Contracting out agreements (prenuptial or relationship property agreements) can override these default rules if properly executed. Each situation is unique, and factors like contributions to the property, children, and economic disadvantage are also considered.

It’s highly recommended to seek legal advice specific to your circumstances to understand your rights and obligations.