Divorce And Separation Increase During The Holidays
Going through a divorce is a very difficult time for everyone involved, especially if there are children. It is the ending of your relationship, perhaps one that has been on the rocks for several months, or even several years, and people have finally had enough. Their goal of being happy may result in them finding a way to rid themselves of the person that they believe is causing them stress in their life. Although it is a difficult time, it is a way to begin anew, and for some reason this tends to happen during the holidays. This article will address why separations and divorce tend to occur around the holidays more than any other time in the world today and how a divorce lawyer can help.
What Is A Divorce?
Essentially, a divorce is a time where two people decide that they have had enough of each other. In most cases, one person has decided to end everything, sometimes leaving the other person devastated. It could be for a number of different reasons such as someone has cheated on the other person, or they simply feel distant to such a degree that they wonder why they are even there. However, one of the most common reasons for a divorce is that someone has lost their job, finances are strained, and the person that has lost their job is going to be divorced by the other person.
How People Get A Divorce
People in difficult relationship situations might wonder “How to get a divorce?” The answer is that there are two main ways to get a divorce in New Zealand. First way is easiest, but the least common, which is where the two parties agree on the terms of the separation including the fair and reasonable allocation of the assets, and then take their papers to the two sets of divorce lawyers. The law firms simply draw up the formal documentation and have them signed by the two parties.
Unfortunately, this is not always what occurs because there are usually hard feelings and acrimony between the husband and wife. The situation is made worse when it comes to division of the property, money, assets, and especially deciding on visitation time with children. Some people will also try to argue about payments for child-support but in New Zealand that is not a negotiable issue since there are statutory payments which are dependent upon the incomes of the two parents. The level of child support that each party has to make can be worked out using a tool on the IRD website. The money is then deducted by the IRD from the wage or salary at source along with income tax so there is no argument about non-payment. In this case, they will probably go to a mediator which will act as a third party that can help them resolve all of these problems.
In previous times, people would argue over their “fair share” of assets. However these days in NZ this has again been taken care of by legislation. All matrimonial property that has not been included in a pre-nuptial agreement is to be shared equally. This does not mean that each asset has to be split down the middle but that the total estate is split equally. So one side may get shares and cash while the other gets the home. The problems can arise when people have different views on the value of each asset. In this situation the best thing, and the lawyers on both sides will suggest this is to get market valuations. For a house this is relatively easy and will cost a few hundred dollars. If there is a business involved that can get more complicated but accountants should be able to reach some form of agreement.
Once both parties and the divorce lawyers have agreed the allocation of assets, then they will draw up a Section 21 Relationship Custody Agreement and the Separation Agreement. Both sides sign the documents and then the transfer of assets can take place.
Why Does This Happen During The Holidays?
This tends to happen during the holidays because this is usually when people either need the most money or because they are spending a lot more time together in a cramped environment. If they can’t buy presents for themselves, or their children, and the other person is out of work, they will find the financial stress unbearable. They may already be behind on their mortgage, making their electricity payment, or they cannot pay their car payment on time. When they have their children staring at them, wondering what they are going to get for Christmas, this is when everything goes south. All of these pressures build up plus the physical and temporal proximity to each other resulting in an outpouring of emotion and the decision to split forever.
If you are in a similar situation or know someone who is, then you should talk to a divorce lawyer to get legal advice. While the laws in New Zealand are fair and explicit, it is often the case that one party will try to force the other into an agreement that the law says they need to comply with. Your lawyer will guide and advise you on your rights. They can also negotiate on your behalf with the other side’s legal representatives to bring about a fair and equitable situation.
If you are using a law firm such as McVeagh Fleming in Albany, not only are they North Shore divorce lawyers, but they also have a property department which can take care of the transfer of the house and mortgage to whichever party will be taking it over.
For more information on how a divorce lawyer can help, go here more…..