Do you guys deal with separation and divorce law? I need to know some specifics around division of property. What are

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Customer: Do you guys deal with separation and divorce law? I need to know some specifics around division of property
JA: Was the property purchased during the marriage?
Customer: yes
JA: Were any marital funds used for the mortgage or property improvements?
Customer: What are marital funds?
JA: The Family Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Customer: Can I use this advice from the family lawyer in court?
Answered by null in 2 mins 1 year ago
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null, Expert

Hello and welcome to Justanswer. My name is ***** ***** I am a lawyer with 17+ years experience. I will be happy to assist you with your question today. I am reviewing your question and preparing a response. After you review my response, you are welcome to reply back and follow up. Thanks for your patience.

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null, Expert

What state are you in?

What can I answer for you?

Customer
I saw your question on my mobile. I am from New Zealand. And am needing divorce law advice from that country. Specifically around division of property
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null, Expert

I am in the US. We do have NZ experts, so let me opt out for a local expert to help you.

Customer
Ok, thank you
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null, Expert

HiI 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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null, Expert

I can help with issues about division of relationship property
Customer
Chris sorry, didn't get a text but saw the email just. Let me type out some facts for you and my question
Customer
1. Married in 2012. Bought property using gift from my Dad as deposit in 2016.
2. Separated Oct 2017. No kids (no sex infact - irrelevant I guess but reason for separation).
3. Verbal promises made by her that she will never ask for anything and a separation agreement (no settlement clauses were mentioned) made and witnessed by JP. We both signed.Situation now is she wants money based on value of that property. I have been dealing with their lawyer Oct 2019. They have continually been non-responsive but over time, asked me to get a valuation done which was done sometime in March 2020. Based on that valuation and some back and forth, they asked for $58K settlement which I agreed in Sep/Oct 2020. Then they re-tracted that and now are asking for more.My question is, to what value would a court of law see the property? Value when we separated? Value when I got valuation done (on instructions from their lawyer)? Or present value?Asking as I am thinking of fighting this now.
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null, Expert

The Property Relationships Act says the value is at the time of the agreement being reached or a court order. So you need to get a formal agreement certified under section 21 of the Act to get a binding agreement. The agreement you signed with JPs is not binding as each of you must have the agreement certified by your own lawyer.
Customer
I see. So when they sent their settlement offer us it was non-binding? They claimed I hid rental income hence why they withdrew the original offer but that income was common knowledge between my wife and I. The value of that was exactly the same for the entire time we were married till date.
Customer
34;sent their settlement offer TO us (their lawyer sent it to my lawyer)"
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null, Expert

If they made an offer and you accepted then you needed to get this recorded in a formal agreement as I explained. The delay in getting that recorded may have led them to increase the demand. Did they say they would put this is an agreement?
Customer
They said they would put it in an agreement. We agreed. Then there was months of radio silence even through my lawyer kept reaching out. I had to reach out to my ex's family directly to get traction. Today their lawyer informed my lawyer they will be seeking more money but are doing "the calculations"
Customer
apologies on typos. "even through my lawyer" should "even though my lawyer"
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null, Expert

Until the agreement is signed there is no deal
Customer
Well that answers my questions. Thank you. I was seeking a 2nd opinion - I may reach out to you for more advice in future and probably take the call option so we can chat as well. Thank you for the advice so far.
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