I have recently separated from my husband and we do not own any property, apart from vehicles and household items the

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Customer: Hi, I have recently separated from my husband and we do not own any property, apart from vehicles and household items the only other financial assets we have is our superannuation. What am I entitled to from the matrimonial property and if so superannuation?
JA: Hi. What state are you in? It matters because laws vary by location.
Customer: I'm in Christchurch New Zealand
JA: What steps have you taken so far?
Customer: We have a vehicle each, my husband has stated he will continue to pay for my car as it's under finance in his name, we divided up the household items, although I had to purchase a new washing machine and Fridge freezer, he will continue to pay for our sons and my health insurance.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Our son from the marriage is 15years 9 months, he lives with me fulltime he doesn't live or stay over at his dads at all,
Answered by Chris The Lawyer in 22 mins 1 year ago
Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.


Chris The Lawyer, Expert

You should aim for an equal division of the relationship property. From your description you have mostly done that already. Any KiwiSaver should also be divided to have an equal share as well.
Your son is almost old enough to choose where he lives so you may not need to do anything about that.

you can have an agreement to sort out relationship property if you think that is necessary but there may not be enough to justify the expense

Hi Chris thanks for your reply, I used the template that lawdepot has online and drew up a separation agreement as I didn't want my ex husband going back on his word as he often forgets and then I have to remind him which can be difficult. I had a colleague mention to me about the division of superannuation. Just an example; 2018 Haval $15,000
2009 Toyota Prado $18,000 1967 Vauxhall Cresta $10,000 are all under finance, I have the Haval (which Peter will continue to pay for until settled in full with MTF) he has other vehicles.
He has approx $105,000 in kiwisaver and I have $29,900.
Peter earns 3 x my salary.
So how would I approach him about this? As after I thought about things, I realised that I would be hugely out of pocket after 20 years of marriage, at present time all I have is a car.

Chris The Lawyer, Expert

He should share the Kiwisaver with you, and you are entitled to that as of right. If you want to get a formal relationship property agreement then there are some formalities to make it legal. Each of you must have their own lawyer to certify the agreement

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