F.A.Q.'s
Here are the answers to some of the Frequently Asked Questions I receive
I don’t live in Christchurch, can you still help me?
Absolutely! i have worked with clients throughout NZ and around the world.
With technology, we can meet anywhere.
We're separating. Should I come to see you alone or should we come together?
You’re welcome to do either, depending on what is most comfortable and convenient for you.
Coming together often results in efficient and affordable progress as I can help you both land on the same page about the process you want to use to sort things out. However, I understand that is not always possible so welcome you to also meet with us alone.
If coming alone, you are always welcome to bring a friend or family member for support and a second set of ears!
I don’t want things to get out of hand and blow up by seeing a lawyer. Is there a way to avoid that?
There absolutely is! As much as possible, I work to keep the temperature down in any conflict my clients are facing. I strive to guide you towards a more respectful and amicable separation than you may have seen played out in other people’s separations (or on TV or films!). I don’t take any steps without your approval. I guide you through the different options you have, bearing in mind what they may do to the level of conflict between you.
Do we each need to get legal advice if we have reached agreement about our property?
Yes. The law in New Zealand is you each need to receive independent legal advice for a relationship property agreement to be valid and enforceable. To confirm that independent legal advice has been received, a certificate on the agreement is signed by each of your lawyers.
Do you accept Legal Aid cases?
I am approved to provide legal aid services and, from time to time, I do. However, my voluntary work means I am not usually able to.
Can you provide advice to both of us about our relationship property agreement?
No. You each need to have independent advice about a relationship property agreement which means I can only advise one of you about the agreement.
Sometimes a couple who are separating will see me together and use one of my resolution services to reach agreement together. However, when it comes to completing the written property agreement, one or both will be referred to another lawyer for independent advice.
I only refer to other experienced family lawyers who are trained in collaborative practice because they work to help keep you both on the same page and to achieve an amicable separation.
We have reached agreement about our property and finances, do we still need to provide financial disclosure?
Absolutely! Financial disclosure ensures that you make fully informed decisions about a property or financial settlement. When I provide advice about relationship property agreements, I have an obligation to obtain disclosure so that my advice to you is appropriate.
I understand that not everyone loves paperwork the way I do! That is why I have streamlined processes to help you with this.
Do you offer fixed fees?
For some matters, I offer fixed fees. I realise clients usually want certainty about what steps lie ahead of them in their case and how much each step will cost.
After you first see me, I will provide you with an personal Resolution Plan that sets out the likely steps required in your matter and the cost of each.
If you prefer to pay on a time spent basis, this can be arranged.
Do you appear in Court?
Sometimes. For adoption and surrogacy matters, appearing in Court is inevitable to get an adoption order made. Similarly, in relationship property cases where funds need to be withdrawn from a Kiwisaver, the Court's assistance is usually needed. Even in matters where agreements are reached, there may be times where Court orders must be obtained to give effect to those agreements.
If your matter cannot be resolved by agreement and where required, I can work with you and the Barrister to ensure you are well represented in Court.
When is the best time to come and see you?
I find that clients who see us early on, even if they are just thinking of separating or undertaking a surrogacy or adoption, end up avoiding a lot of wasted time and money. They manage to get a plan in place early and avoid the complexity in their legal issues that can come with leaving things. Having said that, it is never to late to see me! I have helped clients who have been separated for 20+ years finally tidy up their property issues. I also have helped clients reach agreements when they were almost at the courtroom doors with a hearing date coming up.
If I come to see you, am I obliged to use you as my lawyer?
Absolutely not. While most people who come to see me choose to engage me as their lawyer, we understand that choosing a lawyer is a vitally important consideration. Therefore, you are not obliged to engage me as your lawyer after our initial meeting.