TheCorinthian Posted February 23, 2011 Report Posted February 23, 2011 You cant just disappear either. You will still have a NZ passport, ect.
ozpharlap Posted February 23, 2011 Report Posted February 23, 2011 Sounds like you need to speak to an NZ lawyer. At the end of the day that is a gimme, as I suggested before, just visit a local legal centre, they may not be able to act for you (due to your income status/asset levels) but they can sit you down and give you the good oil. See: http://www.communitylaw.org.nz/local-centres.5.0.html I've no doubt you can give her the house but what about your other marital obligations. You can't just walk away from them, can you? Does she have her own income? If all he has is the assets, and he gives them all to her then that would satisfy his financial obligations, after all, he has an entitlement to 50% on face value, maybe a deduction of another 10%-40% based on any disparity of income levels, ability to re-educate and most importantly, if any children within the relationship. If NZ has similar laws to Australia (which in many areas it does) we don't have what the Americans referred to as "alimony", in English jurisdictions it is called spousal maintenance an it is only for, a limited time. If you don't divorce you won't be able to marry again, but then you may not want to, however you'll still have responsibilities to your current wife. If an once a property settlement is done (which if recorded in a court) it usually ends all financial obligations between parties in a relationship. If NZ is like Australia, you don't have to be divorced to have a property settlement, you can do one first or the other first Ps In Oz, you only need 12 months separation, and you can even live under the same roof Ps Pretend you're poor, and visit a local law centre and get the good oil
The_Munchmaster Posted February 23, 2011 Report Posted February 23, 2011 You seem to know what you're talking about.
Perv Posted February 23, 2011 Report Posted February 23, 2011 You seem to know what you're talking about. Not critical of Oz in any way but MM's comment reminded me of a saying, "If you can't dazzle 'em with your brilliance, baffle 'em with your bullshit", or something like that.
ozpharlap Posted February 23, 2011 Report Posted February 23, 2011 You seem to know what you're talking about. Not critical of Oz in any way but MM's comment reminded me of a saying' date=' "If you can't dazzle 'em with your brilliance, baffle 'em with your bullshit", or something like that.[/quote'] No offence taken
ozpharlap Posted February 23, 2011 Report Posted February 23, 2011 Try this link: http://www.legislation.govt.nz/act/public/1976/0166/latest/whole.html However, please ensure yourself it is the current or relevant piece of legislation, and no other acts or statutes counteract any of its provisions, which would be highly unlikely, but as I suggested above, go cap in hand to a legal centre
Coss Posted February 24, 2011 Author Report Posted February 24, 2011 Thank all, and yes Oz you are correct, I do understand the procedure, but in the OP I was looking at doing a runner but allowing her all the assets. Just wanted to leave a letter and F off as it were, never to return.
ozpharlap Posted February 24, 2011 Report Posted February 24, 2011 I hear what you say but that never works, even with giving her stuff if it involves property you need to sign certain transfer documents, and if you are going to have to do that, then bite the bullet and settle all things (as the settlement agreement gives rise to the transfer mechanism regarding the property transfer),. Best to man up and just say to her "it's yours but I am going, I feel my life is empty and it's best for you, whilst your still young, to start something a new".
Redbaron Posted February 24, 2011 Report Posted February 24, 2011 leaving a letter and disappearing would make it difficult for her to claim ownership and/or sell things like motor vehichles (unless they were registered in her name) and property assets. (Again, unless they were in her name - if they were in both names may be easier). A lot of lawyer's first consultation is free.. I'd be seeing a lawyer coss, divorce can be a very sticky and complex thing. I know mine was. And laws differ from country top country.
Mekong Posted February 24, 2011 Report Posted February 24, 2011 You cant just disappear either. You will still have a NZ passport, ect. Oh yes you can. When I first came to Asia in 1988 I was married back in the UK but having tasted Asia I dodn't want to go back so I stayed. After 5 years my now ex farang wife applied for Decree Nisi on grounds of "Missing Pressumed Dead" and 6 months later the Decree absolute was awarded. Since NZ is a commonwealth country I am sure that the laws there are closer to UK law than American law.
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