Areas of Legal Expertise
AREAS OF EXPERTISE
Separation and
Relationship Property
Helping you achieve a fair outcome after separation.
Relationship Property
After separation, dividing property is one of the most important issues to resolve, and the division of property can have a lasting impact on your future.
Obtaining clear advice from the outset is important, so that you understand your rights before making any decisions. Louisa can assist you to understand how property is divided and whether you have a claim to compensation for economic disparity, for additional contributions, or against a trust. Louisa can work with you to ensure a fair division of property, including valuing assets, calculating adjustment payments, and preparing a separation agreement that will stand the test of time.
If required, Louisa can represent your interests in the Family Court to resolve property issues. Louisa has a particular interest in complex relationship property and can advise you in situations where there is international property, trusts, companies, or where property is not held in your name.
If you are at the start of a relationship and want to avoid the effect of the relationship property regime for all or some of your assets, Louisa can advise you and prepare a Contracting Out Agreement (often referred to as a “pre-nup”).
Spousal Maintenance and Child Support
If, after separation, either you or your spouse cannot meet expenses on one income, Louisa can advise you on spousal maintenance entitlements and assist you to negotiate a fair outcome. If an agreement can’t be reached, Louisa can assist you to make or respond to an application for spousal maintenance in the Family Court.
Louisa can also advise you about child support, help with IRD administrative reviews, or appeals in the Family Court.
Family Violence
If you have experienced family violence, Louisa can provide urgent assistance to help you obtain a Protection Order.
If you have been served a Protection Order and need to respond, Louisa can advise and represent you.
Divorce (dissolution)
In New Zealand, a divorce is called a dissolution of marriage and requires an application in the Family Court. Louisa can help you prepare your own application, or she can prepare an application for you.
AREAS OF EXPERTISE
Childcare and Custody
Helping you navigate parenting and custody arrangements with your child’s well-being at the heart of every decision.
Childcare Agreements
To agree childcare arrangements, you can attend the free Parenting Through Separation course and attend Family Dispute Resolution mediation.
If arrangements cannot be agreed easily, or if you have safety concerns, Louisa can provide you practical advice, negotiate on your behalf, prepare a Parenting Agreement or, if necessary, represent you in the Family Court to determine care (custody) and contact (access).
Guardianship Disputes and Relocation
Both parents are usually guardians of the child. Guardians have legal duties to make important decisions about the child’s upbringing until they are 18 years old.
Louisa can help you resolve guardianship disputes, including about schooling, religion, health care, overseas travel, or relocation.
If you or your co-parent wish to relocate, whether to another town or another country, Louisa can advise you and, if necessary, represent you in the Family Court.
Louisa can also help if you feel that guardianship decisions are being made about your children without you.
Oranga Tamariki
If you have been served orders by Oranga Tamariki, or if a child has been placed in the custody of Oranga Tamariki and you would like access, Louisa can help you with the process and, if necessary, make or respond to applications in the Family Court.
If you are a caregiver and wish to apply for permanency for a child in your care, Louisa can liaise with Oranga Tamariki on your behalf and represent you in the Family Court.
Louisa has particular experience in High Court appeals of Oranga Tamariki matters. If you wish to challenge a Family Court decision about an Oranga Tamariki matter, Louisa can advise you and help you to file an appeal. Appeals must be filed within 20 working days of the decision, so it is important to act quickly if you consider a Family Court decision was wrong.
AREAS OF EXPERTISE
Estate Claims
Expert advice and representation when a will is unfair, unclear or contested.
Challenging a Will
If you think you have been unfairly treated in a will, or left out of a will, it is important to get advice early. There are time limits on claiming against an estate and, in many cases, estate claims can be resolved quickly and fairly by direct negotiation with the executors and beneficiaries.
Louisa can advise you on your entitlements under the Family Protection Act and represent you in negotiations to get a fair outcome. If required, Louisa can make an application in the Family Court on your behalf.
If you are a beneficiary of a will and a family member makes a claim against your share of the estate, Louisa can recommend the best course of action to protect your interests.
Testamentary Promises
If you performed a service for a person who promised to include you in their will but failed to keep their promise, you may have a claim against their estate under the Law Reform (Testamentary Promises) Act 1949.
Louisa can advise you on your rights, negotiate with the estate to resolve the matter, or apply to the Court to have the promise fulfilled.
Testamentary Incapacity
If a will-maker did not have mental capacity to make their will at the time it was made, the will can be challenged. If it is found that the will-maker did not have testamentary capacity, the will is invalid and the previous will comes into effect.
Louisa can advise you on the process to challenge a will for testamentary incapacity and represent you in negotiations with the executors or in Court.
If you are an executor and a beneficiary has suggested the will-maker did not have capacity, Louisa can advise you to ensure you comply with your obligations and help you navigate the negotiation or Court process.
AREAS OF EXPERTISE
Incapacity (PPPR Act)
Guidance and support when someone you care about can no longer make decisions for themselves.
If you are concerned that someone you know has lost the ability to make decisions for themselves, and that person does not have an Enduring Power of Attorney, Louisa can assist you to prepare applications to the Family Court to appoint someone as their welfare guardian and/or property manager. A welfare guardian makes decisions for a person’s personal care and welfare, such as where they live, who looks after them, and what health care they should receive. A property manager makes decisions about a person’s assets and liabilities. A property administrator can be appointed where the person’s assets are below a certain threshold.
Louisa can advise you on the process to obtain orders under the Protection of Personal and Property Rights Act and, importantly, on the obligations that apply to a welfare guardian or property manager/administrator.
If you have been appointed someone’s welfare guardian or property manager/administrator, Louisa can assist you with reviews of orders, reports to the Court, in addressing concerns which might arise, or when decisions need to be made that require a Court direction or approval.
If you are concerned that an existing welfare guardian or property manager is not exercising their duties properly about someone you care about, Louisa can advise you and assist you to address those concerns
Get the guidance you need. Louisa provides expert family law advice with empathy and clarity. Contact her today for a confidential consultation.
Specialist Family Lawyer. Based in Wellington, working with clients throughout New Zealand.
