I have a friend in AucklandPrison who 2 weeks ago was served divorce papers. He has a week to get them notarised but

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Customer: I have a friend in AucklandPrison who 2 weeks ago was served divorce papers. He has a week to get them notarised but cannot seem to get anyone to come to the prison to do so. He also needs legal advice as to whether he should contest as they have not been separated for 2 years.
JA: What are the assets involved here? Are there any minor children?
Customer: No children. She owns a house, bought it earlier this year. They have never been together properly. She was a pen pal while he was inside and they married while he was in Ngawha. They married 2 years and 3-4 months ago.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: No. He has contributed no money at all to the relationship. He isn't contesting that, just thinks it is illegal for her to say they have been seperated for 2 years when she was visiting him until Covid, and he has emails form her up to a month ago telling him she loved him.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Time is running out. Luke has spent the last 2 weeks trying to get hold of a lawyer from inside, but has had no luck. These papers need to be filed by next Friday.
Answered by Chris The Lawyer in 12 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Do you know what the papers are-is this a relationship property application? Is it an application to dissolve the marriage?

Customer
an application to dissolve the marriage. He wants to contest the application as they have not been separated.
Customer
I think need to cancel this as I really need an Auckland lawyer to go and see this man. I will try and contact Just Answer to cancel.
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Chris The Lawyer, Expert

Would you like a referral to an Auckland lawyer? Would he need legal aid for this?

Customer
he needs an Auckland lawyer, preferably Albany and legal aid. He needs the lawyer to contact him, i have the unit phone number. He cannot ring them or try and find one from inside. He needs the papers witnessed. Thanks.
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Chris The Lawyer, Expert

I wonder if it is essential for him to sign the papers – normally they are just served on him, and he doesn't need to do anything unless he wants to defend the application. In a situation like this, does he really want to defend the application? If they haven't actually been living together for the whole of the time of the marriage, she could argue that this marriage was over because he could not live with her. Otherwise she could wait and then apply. But in case he wants a lawyer here are some names for lawyers on the North Shore which will be close to his prison –I assume he is in Pareremoremo.

Customer
I think he wants to defend it because it isnt true, they have not been seperated. But, as you say, maybe he should just leave it. Thank you for the referal.
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Chris The Lawyer, Expert

I am not sure there is much point but perhaps he can ask a local lawyer

Customer
Ok, thank you.
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Chris The Lawyer, Expert

Glad to help

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