
Problem: Your joint assets are more tied up than Friday night at a K' Road bondage club
Fix it: The first thing you need to do is create a list of assets, debt, financial resources (money owed to you or inheritance) and property, says family lawyer Peter Ashton. "Look at what contributions were made by each of you - who put the money and/or effort into the house, for example." A counsellor or mediator is a good first step (free counselling is offered by the Family Court in some circumstances; see justice.govt.nz/family for info). If you can't agree, you'll need to see a lawyer and/or go to court. Remember the Property (Relationships) Act was amended in 2002, and now covers de facto as well as married couples for property settlement.
Problem: Do I need a lawyer?
Fix it: Yes, if you're married or de facto and want things settled legitimately, says Ashton. "There was a case a few years ago where a couple had pretty unsubstantial assets so they divided everything on their own. Two years later, the husband won $5 million in Lotto. The wife was awarded $900,000 because they never had a legal settlement." But it's totally up to you.
Problem: Who gets the dog?
Fix it: One British survey found that 39 per cent of dog owners would pursue legal action to get custody. "Dogs are legally property, just like furniture or the car," explains Ashton. If you both want Fido, look at who primarily cared for him, he explains. "Who fed him, walked him, took him to the vet, bought his Schmackos? That's what a court would ask." Courts also consider "future elements": who most needs Fido, and who'd be in a better position to look after him. "Whoever gets him, try to maintain his routine and environment," advises vet Dr Karen Budd.
Problem: You need to move out now - no, yesterday
The fix: Call a budget removal company that caters for short distances and will assemble furniture, like Conroy Removals (conroy.co.nz). For an extra charge, they'll even pack your boxes, so you spend as little time there as possible. Don't have a new pad yet? Conroy will load your stuff into a unit and keep it at their secure storage facility until you need it.




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