Divorce Café

Is it fair to let your partner stay in the home, and a year later charge them rent? What if you are paying rent and still having to chip in for the mortgage?   Occupation Rent is one remedy under section 18B of the PRA to remedy any unfairness where one party stays and the other goes.  It's not cut and dried though.  And it's certainly not automatic.  It could do with some demystifying....

If you have ever wished there were a better way of resolving relationship property issues than lawyers' letters and Court room battles this episode is for you.  A structured, people-focussed approach to divorce, Collaborative Process redesigns divorce negotiations with no scary letters, no threats of litigation and no option to head off to Court (at least not with the same lawyers).  If you t...

Parenting after separation is tricky.  So where to do you go for help when things aren't working?  FDR is a subsidised mediation service that is designed to get parents resolving their own issues with the help of an experienced mediator. Gaye Greenwood is brilliant at helping people work through conflict, resolve issues and start working as a team on the most important job in the world. You h...

What happens when you break up when you are also in business together? Can you keep running it together?  What can go wrong?  Does it ever go right?  If you have been watching Ted Lasso, you will be familiar with the character Rebecca who in the divorce takes over her husband’s beloved football team - “ the only thing he ever loved ”- and sets about trying to destroy it. In the same way that custo...

What happens to the family home when you separate?  Who has to move out?  Can it be sold out from under you?  What if you live in a trust owned house or a rental?  We discuss these and other burning questions that keep people up at night.  Advice on practical ways to resolve these issues, amicably or through the Courts.  And  Shelley tells us what advice she would give herself if she could go back...

When is it safe to put your house in a trust?  That's a question that went all the way to the Supreme Court this year... and spoiler alert, the answer is that the only way to put the family home out of reach of your beloved is to be upfront about it (and contract out).  What was the crux of the case?  What have we learned about section 44? And what should lawyers be advising their clients?  F...

Does it sound too judgey to say this interview was full of surprises?  Kicked out of Morrinsville High School as a teenager, Judge de Jong had a winding path to law, but once he got there has made it his life's work to fight (and innovate) for better outcomes for the victims of family violence.  He talks about:  lawyers who irritate judges, about setting up the ground breaking, wrap-around  F...

What happens when a couple separate while living overseas, and only one wants to return home?  If you no longer agree on where to live...what happens to the children? We were lucky enough to speak with Alex Ashmore one of Auckland’s leading experts on Hague Convention cases - fresh from the biennial Hague Convention Convention.  Listen for a master class on the how to (and how not to) of Hague Con...

Why aren't we judging our relationship property laws by how well they protect children?  Champion of children's rights, much loved family law lecturer and family law reformer Professor Mark Henaghan gives us a master class on the laws that exist to protect children caught up in relationship property disputes, their effectiveness, and what we could be doing to improve outcomes for childre...

Highly successful mediator and ex Family Court Judge Tony Lendrum gives his top tips for a successful mediation, explains why mediation can save you money, and shares his insights from years of successful mediations.  If you are going to mediate, or are thinking about whether you should, listen to this. Watch the episode here . Read the article here . More information about Tony . Taina Henderson...

Navigating a contracting out agreement conversation is never easy.  Knowing why we have them and what different arrangements can be put in place can make it a better and less stressful experience.  This episode - with our resident expert on tricky prenups and complicated relationships - deals with why you would have a contracting out agreement, when you  don't need one, and why it is so impor...

In this episode we talk to our hero Vivienne Crawshaw (King's Counsel) about her epic battle in the case of McQueen v Penn - at the time the highest maintenance award ever made in New Zealand - a game changer amongst other things because it made legal fees a legitimate part of a spousal maintenance claim. Vivienne gives a master class in spousal maintenance, why court room etiquette matters ,...

This episode delves into when you can do your own relationship property division, when you should not, and how to set yourself up for success.  Veteran Family Court lawyer Stuart Henderson talks about the benefits of negotiating your own agreement, what not to do, and the upside of your ex picking ‘ the best lawyer in town ’. Watch this episode: https://www.youtube.com/@divorcecafe/ Read the artic...