Family law in New Plymouth: Separation, children and property

Words by Erika Barr

A separation is one of the most emotionally and practically challenging experiences to go through, especially when children and shared property are involved. 

Our family lawyers at Govett Quilliam (GQ), support clients across Taranaki and New Zealand through all aspects of separation. Our role is to help you understand your rights, work through your legal options and move forward with confidence.

Separation and divorce: What you need to know

Whether you’re married or have been in a “de facto” relationship, ending a relationship has legal implications. You might be wondering what steps you need to take to formalise a separation, or whether you need to go through court. 

The good news is that not all separations require court involvement. GQ’s Family Law team often works with clients to resolve matters through negotiation or mediation, helping them reach fair agreements in a resolution focussed and cost-effective manner. However, if court proceedings are necessary, we’re strong advocates and highly experienced to help you navigate that path. 

We can help you: 

• Understand your legal rights, obligations and responsibilities; 

• Draft or review a parenting or separation agreement; 

• Navigate the separation or divorce (dissolution) process; and 

• Access protection if there’s family violence or a power imbalance. 

Every separation is unique. We’re here to provide practical advice that suits your situation.

Child custody arrangements after a separation

When children are involved, they are always the priority. We work with parents, guardians, and caregivers to create parenting arrangements that are child-focused, realistic, and grounded in the day-to-day needs of your whānau. 

Sometimes these arrangements can be agreed informally or recorded in a parenting agreement. Other times, they require more formal legal intervention. Either way, our approach is to listen first and help you find solutions that minimise stress for everyone involved — especially your children. 

We assist with: 

• Creating parenting plans, parenting agreements and parenting orders; 

• Resolving guardianship issues including advising on relocation, education, or health matters; and 

• Representing you in the Family Court.  

Dividing property after a separation

One of the most common concerns after separation is how property will be divided. Relationship property law applies to both married and de facto couples and there is a presumption of equal sharing which means that a 50/50 split generally applies but there are some exceptions, and each case is different. 

As your lawyer, GQ will help you understand what qualifies as relationship property, how the law applies to your circumstances, and how to protect your interests. We can also prepare legally binding separation agreements to formalise any division and provide you certainty. 

Relationship Property support GQ offers: 

• Dividing property such as the family home, Kiwisaver, vehicles, and businesses; 

• Drafting or reviewing Contracting Out Agreements; 

• Understanding how trusts or inheritances may be treated; 

• Taking steps when there’s been a long separation without agreement; and 

• Resolving disputes where agreement can’t be reached.  

No matter how straightforward or complicated your property situation is, we can help. 

Why work with Govett Quilliam

We’ve been trusted family law advisors in New Plymouth and across Taranaki for generations. We understand how tough these moments can be, and we have the experience to provide practical solutions and support you every step of the way. 

At Govett Quilliam, we offer a range of billing options, including fixed fees and hourly rates. We are upfront about our legal fees so you know what to expect. If cost is a concern, Legal Aid may also be available to help cover the cost of family legal services in New Zealand. 

If you’re going through a separation, or concerned about care arrangements or property division, get in touch with our Family Law team. We’re here to help. 

“Have been with Govett Quilliam for some time. In all experiences, everything was done professionally, timely and with great care. Constant contact from lawyer to client for updates and briefings were brilliant. Empathy and understanding, on a human to human level were amazing.” – Harley