When families break up

Increasing numbers of families are affected by separation and divorce.

It is a particularly stressful transition, with several complex issues to deal with - finding a new home, getting financial assistance and legal advice, finding support for children and adults, making arrangements for the care of children and dealing with joint property.

We outline some of the issues that may need to be addressed and identify sources of help available, both financial and practical.
 

Finding somewhere to live

You may be able to find a temporary home or somewhere to stay through family, whānau and friends. If you can't find anywhere to stay you will need to find accommodation privately. Usually rent in advance plus money for bond is required - rent paid two weeks in advance, plus a bond to the value of two weeks rent is typical.

Tenancy Services and your local citizens advice bureau can provide information about renting and the rights and obligations of tenants and landlords.
 

Legal separation

Separation is when you and your partner are still legally married, but have agreed to live apart. Legally, it is different from divorce. Divorce, or dissolution of marriage, is granted on the grounds of irreconcilable differences, usually after living apart for two years.

When you split up, legally you do not need formal agreements or court orders covering separation, day-to-day care or contact arrangements for your children. You may be able to come to an arrangement amicably without involving lawyers. However, it is prudent to at least get initial advice from a community law centre or lawyer and have any informal arrangement put in writing.

Although legally you do not need a formal separation agreement, there are advantages to having an agreement drawn up, including:

  • ensuring full provision for children and in particular their day-to-day care and contact with the non-caregiving parent
  • the orderly division of property
  • having a clear and agreed statement of some kind minimises future possible misunderstandings and disputes
  • proof of separation and change of circumstances should you be seeking financial assistance from the Department of Work and Income
  • evidence that you have lived apart for two years should you decide to get a divorce later.

A separation agreement is usually drawn up by a lawyer and can also be registered with the Family Court. The Family Court can offer counselling and mediation to help you resolve issues and make important decisions.

Talk to a lawyer or community law centre for further advice.
 

Matrimonial property

If you have been with your partner for more than three years, your property is likely to be divided between you and your partner according to the Property Relationships Act.

Usually, property such as the family home, cars and other goods and chattels are shared equally. Equal status is given to financial and non-financial contributions, such as caring for children and the home. By law, you and your partner must both obtain independent legal advice before signing any agreement involving matrimonial property.
 

Legal aid

You may be able to get legal aid for separation, matrimonial property, day-to-day care and contact, and guardianship issues. The Family Court, a community law centre or a lawyer can help with applications for legal aid. In most cases legal aid is income tested and you may have to pay it back.
 

Financial help - the Department of Work and Income

Financial help towards the cost of bond, rent and costs of setting up a new home may be available from the Department of Work and Income (DWI).

If you are a beneficiary you can apply for an Advance Payment of Benefit, or if you are on a low income you can apply for Recoverable Assistance Payments. Both types of payment are asset tested, and recoverable assistance payments are also income tested. You must show an immediate and essential need. DWI will also expect you to first look at other ways of raising the money such as help from family members, r-negotiating payment by lay-by or hire purchase instalments, before granting a benefit.

Several categories of advance or recoverable assistance payment are available and each carries a maximum amount. They include help towards rent and bond (max. $600), electricity, gas and water (max. $200), telephone installation (max. $200) and washing machines and fridges (max. $400).

If you are a parent moving to escape domestic violence [link to domestic violence], you can apply for a Special Needs Grant (re-establishment costs). Up to $1,400 may be available, made up of:

  • up to $800 recoverable grant for accommodation, bond and/or rent in advance, and/or
  • up to $600 non-recoverable grant for beds, bedding and essential appliances, telephone, electricity or gas connection. To qualify you will need to meet certain conditions.

If you will be caring for one or more dependent children on your own after the break up of your relationship, you may be entitled to the Domestic Purposes Benefit (DPB) - sole parent.

Check with DWI or a local advocacy service to see if you qualify. DWI will only pay the DPB to one parent -- if you have shared care, this is whoever has your child for at least 60% of the time.

If you do receive the DPB, you are required to:

  • tell DWI of any change to your circumstances
  • apply for child support - if you do not name the other parent (who must pay child support), your DPB is reduced by $22 for each child with an additional $6 reduction after 13 weeks. This $6 reduction can only be applied once, regardless of how many children you have.
  • meet all of your work related obligations as set out in your job seeker agreement - this depends on the age of your youngest dependent child: o aged under six years, you are required to attend a yearly planning meeting (o aged 6-13 years, you must be available for part-time work or training of 15 hours or more a week, o age 14, you must be available for full-time work of 30 hours or more a week.)

If, after the break up, you are not caring for any dependent children, and are not in paid employment, you may be eligible for Unemployment Benefit. This is particularly relevant to women who were supported by their husband prior to the break up. If you do apply for this benefit, you will have to be available for and actively seeking full-time work.

All main benefits are subject to an initial stand-down period of between one and ten weeks. The length of your stand-down will depend on your weekly income in the 26 weeks before your entitlement date and how many dependent children you cared for during this period.

You may also qualify for extra financial help to meet specific needs, such as:

  • Family tax credit paid for each dependent child
  • Accommodation supplement towards mortgage, rent or board
  • Disability allowance to help with the extra ongoing costs of a disability or health issue
  • Child disability allowance if your child has a serious and long term disability or health problem.


Financial help - the Inland Revenue Department (IRD)

If you have children and are on a low income, extra financial help may be available through Working for Families Tax Credits from IRD. For more information check with IRD - 0800 227 773.
 

Financial help - Women's Loan Fund

This is a financial service where women invest money to help other women with small no-interest loans. You can join as a member to loan or borrow. There are several branches throughout New Zealand, call your local CAB for contact details.
 

Arrangements for the care of children

If you have a dependent child, you will need to make arrangements for their care - your child's welfare and best interests should come first when you make decisions that affect them. Your child has a right to retain contact with and have a loving and supportive relationship with both parents. It is important to remember that your child's contact parent remains their legal guardian with responsibility for their welfare and a right to a say in important decisions regarding their upbringing.

Even without a formal agreement, it is still a good idea to write down the arrangements you make (a parenting agreement) - then everyone has a clear record of what has been agreed. Or you can have a formal agreement drawn up by a lawyer which can be registered with the Family Court.

If you and your partner can't agree on day-to-day care and contact arrangements, the Family Court can organise counselling and mediation to help find a solution. If a child's welfare is in question or an agreement can not be reached, the Court can issue a parenting order. In doing so, they will only consider the child's best interests.
 

Child support

Child support must be paid by the contact parent. You can arrange this by:

  • a private voluntary agreement - this may be part of a separation agreement. You can choose to administer a voluntary agreement privately or register it with IRD Child Support. They will administer it for you and collect payments as set out in the agreement.
  • either parent applies for child support to IRD Child Support. They calculate how much must be paid each year and inform the contact parent. Payment can be automatically collected from wages and paid to the day-to-day parent. If either, or both, parent receive a main benefit from DWI, child support is automatically deducted and paid directly to DWI. If you share day-to-day care equally, child support may be calculated slightly differently - check with IRD Child Support for how this would apply to you.


Childcare

You may need to arrange casual babysitting while you look for work, sort things out or take a break. If you can not find a babysitter through friends, family and neighbours, some church social services such as Christian Love Link, The Anglican Care Network or Baptist Action Family Services may be able to help.

Early childhood education services such as home-based care or childcare centres can provide more formal, regular and ongoing childcare so you can work or study. If you are on a low income or you get a main benefit, Childcare Subsidy and OSCAR Subsidy from DWI can help with the cost of approved childcare or OSCAR programmes.
 

Further Links