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US 8851 v5a

Learner’s Guide

LEGAL STUDIES

Unit Standard 8551


Version 5 | Level 2 | Credit 3

Describe the application


of New Zealand law to
marriage, civil union, and
de-facto relationships

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About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will learn about New Zealand law in relation to marriage, civil unions, and de-
facto relationships.
By the end of this guide you will be able to describe the legal implications of entering into these
relationships as well as the process for, and consequences of, terminating these relationships.
Over the past ten years there have been a number of changes to the types of relationships that
are formalised in New Zealand and how these are defined. It is essential that you know about
these types of relationships and the impact of entering into such relationships.
A number of activities have been included in this guide to help you learn about the legal
implications of marriage, civil unions, and de-facto relationships.

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Additional
Resources
Websites
• Community Law Centres: http://www.communitylaw.org.nz
• Family Court: http://www.justice.govt.nz/family
• The Ministry of Justice: http://www.justice.govt.nz/
• Department of Internal Affairs: http://www.dia.govt.nz

Legislation relevant to this unit standard includes:


• Care of Children Act 2004
• Child Support Act 1991
• Civil Union Act 2004
• Family Proceedings Act 1980
• Marriage Act 1955
• Marriage (Definition of Marriage) Amendment Act 2013
• Property (Relationships) Act 1976
• Protection of Personal and Property Rights Act 1988

and their subsequent amendments

All these Acts are available online at www.legislation.govt.nz

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Contents

Types of Relationship 2
Marriage 3
Civil Unions 4
De-facto relationships 5

Legal Implications of Entering into Relationships 6


Legal requirements for entering into a relationship 6
Legal rights and responsibilities in relation to property 11

Terminating Relationships 14
The process of separation 15
Legal separation of a marriage or civil union 17
The role of the Family Court 19
Legal consequences of relationship termination 22

Glossary 27

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LESSON 1:

Types of
Relationship

Learning Objectives
When you have finished this lesson, you will know about the A space has been left
following types of relationships. on the right of every
page for you to make
Marriage notes about what
Civil Unions you are learning.
De-facto relationships

Over the past ten years there have been a number of important
changes to family law. These changes reflect the diversity of family
arrangements that we have in New Zealand.
The traditional nuclear family of Mum, Dad, and 2.5 children no
longer portrays an accurate picture of the average New Zealand
family. Many other family arrangements exist, including:
• single-parent households
• extended families
• blended families
• de-facto relationships between men and women
• de-facto relationships between couples of the same sex
• civil unions between men and women
• civil unions between couples of the same sex.

What do Briefly describe your own family unit.


You Think?

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LESSON 1: Types of Relationship

Marriage

What is a marriage?

Marriage is the most traditional form of a recognised relationship between


a couple. In the past, it was a religious and public affirmation of a formal
relationship between a couple. However, marriage is now administered by the
government, and people do not need to follow any religion to get married.

Who can get married?

Anyone who is over 18 can get married. However, there are some rules about
who a person can and cannot marry. Also, people can only marry one person
at a time.
In the past people could only marry people of the opposite gender, for example
a male could only marry a female. Now, people can marry either gender. For
example, a female can marry another female or a male.

Fact:
“New Zealanders are marrying later than in the past. In 2012, the median
age at first marriage was 30.0 years for men and 28.5 years for women
– up from 27.0 and 24.9 years in 1992. Although the median age at first
marriage has increased over the last 20 years, most of the increase
occurred before 2004 and the median age has remained relatively constant
since then. In 1971, when marriage rates peaked, the median age at first
marriage was 23.0 years for men and 20.8 years for women.”
1 http://www.stats.govt.nz/browse_for_stats/people_and_communities/marriages-civil-unions-and-
divorces/MarriagesCivilUnionsandDivorces_HOTPYeDec12/Commentary.aspx#New

Try it for
In your own words, write a simple definition of marriage.
Yourself

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LESSON 1: Types of Relationship

Civil Unions

What is a civil union?

A civil union is similar to a marriage, in that it is a partnership between a


couple. However, it is different to marriage as it has no religious or traditional
connotations. It is simply a form of recognition of an exclusive personal
relationship between a couple.

When were civil unions introduced?

Civil unions were introduced in 2004 under the Civil Unions Act 2004. It was
the first law that formally acknowledged personal relationships between same-
sex couples.

Who can civil unions be between?

Anyone who is over 18 can enter a civil union. However, there are some rules
about who a person can and cannot enter a civil union with. Also, people can
only enter a civil union (or marry) one person at a time.

Fact:
“In 2016:
• 20,235 marriages and civil unions were registered to New Zealand
residents – of these, 483 were same-sex marriages or civil unions.
• 14,328 were first marriages and civil unions; 5,865 were remarriages
and civil unions; and 42 couples (both same-sex and opposite-sex)
transferred from a civil union to a marriage or vice versa.”
2 http://www.stats.govt.nz/browse_for_stats/people_and_communities/marriages-civil-unions-and-
divorces/MarriagesCivilUnionsandDivorces_HOTPYeDec16.aspx

Try it for What is the difference between a marriage and a civil


Yourself union?

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LESSON 1: Types of Relationship

De-facto relationships

What is a de-facto relationship?

A de-facto relationship is a relationship between two persons (whatever their


gender), who are both aged over 18 years old, who are not married or in a civil
union with each other, and who live together as a couple.
A de facto relationship is not legally registered with the government.

Who can it be between?

A de-facto relationship can be between anyone, provided they are over 18


years old. There are few restrictions on de-facto relationships, because people
do not have to go through any formal process to enter one – they just decide
to live together as a couple.

Why do people enter de-facto relationships?

Many people enter de-facto relationships because these are flexible. For marriage
and civil unions, the process of formally ending the relationship is complex. The
process of ending a de-facto relationship, however, is dealt with between the
couple and can happen immediately, if required.

What do 1. What are the positive aspects of entering a de-facto


You Think? relationship?

2. What are the negative aspects of entering a de-facto relationship?

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LESSON 2:

Legal Implications of
Entering into Relationships

Learning Objectives
When you have completed this lesson, you will be able to describe
the following legal implications of entering into a relationship:
the legal requirements for entering into a relationship
relationship property rights and responsibilities.

Legal requirements for entering


into a relationship

There are a number of legal requirements for people wanting to


enter into a marriage, civil union, or de-facto relationship.

We will look at two of these:

Consent Freedom of
Choice

We will also look at specific restrictions that can prevent people from
entering into marriage relationships.

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LESSON 2: Legal Implications of Entering into Relationships

Consent
For a marriage or civil union to be legal, both
parties must have formally given their consent to
marry or to enter into the civil union.
To give consent, both of the parties must meet
the following requirements.

Age of people entering the relationship


There are certain age restrictions which apply to marriage and civil
union relationships.
• Persons under the age of 16 cannot legally marry or enter a
civil union relationship in New Zealand.
• Persons who are 16 or 17 years of age can only marry or enter
a civil union with the consent of their parents or guardians.
• Any person who is 18 years of age or older can legally marry
or enter a civil union.

Documentation required
The consent to marry or enter a civil union must:
• be in writing
• be witnessed
• have the occupation and address of the persons giving their
consent to get married
• be given to the Family Court Registrar.

Note:
Where a parent or guardian refuses to give consent to a
marriage or civil union, an application can be made to a Family
Court Judge to obtain consent.

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LESSON 2: Legal Implications of Entering into Relationships

Freedom of choice
Under current New Zealand law, a couple are
free to marry or enter into a civil union if:
 they both publicly consent to the
marriage out of their own free will
 they meet the age requirements
 they are not closely related (i.e. brother and sister)
 they are not already in a marriage relationship or a civil union
relationship with other people.

Gender of partners

Before the passing of the Marriage (Definition of Marriage)


Amendment Act 2013, a person could only legally marry
another person of the opposite gender. From August 19th 2013,
however, a person is able to marry someone who is the same
gender as themselves.
This now means that marriages, civil unions, and de-
facto relationships are open to people in different gender
relationships and people in same gender relationships.

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LESSON 2: Legal Implications of Entering into Relationships

Restrictions on marriage:
There are a number of specific restrictions that apply to marriage
relationships. These include:
• marrying someone who does not meet age requirements
• marrying someone who a person is closely related to (see
box below)
• marrying a person who is already married or in a civil union
• getting married without an authorised marriage celebrant
present
• not submitting a ‘Notice of Intended Marriage’ form to the
Registrar of Marriages within the required three-day time frame.

Focus: Marriage between relatives


One important legal requirement of marriages (and civil unions)
is that there must be a certain distance in terms of the blood
relationship between the parties. A marriage between two
persons who are too closely related will be void.
According to the Marriage Act 1955, a person may not marry
their:
(a) grandparent
(b) parent
(c) child
(d) grandchild
(e) sibling
(f) parent’s sibling
(g) sibling’s child
(h) grandparent’s spouse or civil union partner
(i) parent’s spouse or civil union partner
(j) spouse’s or civil union partner’s parent
(k) spouse’s or civil union partner’s grandparent
(l) spouse’s or civil union partner’s child
(m) child’s spouse or civil union partner
(n) grandchild’s spouse or civil union partner
(o) spouse’s or civil union partner’s grandchild.

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LESSON 2: Legal Implications of Entering into Relationships

Can the following couples get married or enter a civil


Try it for
union? If they cannot get married, or enter a civil union,
Yourself explain why.

a) Sarah and her boyfriend are both 15. They want to get married.

b) Andrew is 17. He wants to enter a civil union with his girlfriend, Aroha, who is 18.
His parents approve of the marriage.

c) Anita is 34. She wants to marry her cousin, Jordan. Jordan is 37.

d) Morgan is 42 and is still married to his wife, although he does not live with her.
He wants to enter a civil union with his new partner, Jamie (46).

e) Tracy intends to marry James in two days’ time. They have not applied for any
documentation from the Registrar of Marriages yet.

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LESSON 2: Legal Implications of Entering into Relationships

Legal rights and responsibilities


in relation to property
One of the main legal implications when entering a relationship is
that the partners start to share their property.

The Property (Relationships) Act 1976 sets out the property sharing
rules that apply when a married, civil union, or de-facto couple
separate or when one partner dies. The determining factor when it
comes to deciding how property will be shared between partners is
the length of the relationship.

Relationships that have lasted for at least three


years
All couples who have been together for at least three years (whether
in a marriage, civil union, or de-facto relationship) have the same
property sharing rights under the law.
They are covered by the equal-sharing rules in the Property
(Relationships) Act. This means their ‘relationship property’ is
divided equally between the partners, while any property that is one
partner’s ‘separate property’ is usually kept by that partner.

Relationship property Separate property

Relationship property Separate property refers


includes any property that to the property that each
one or both partners bought partner had before the start
or otherwise obtained while of the relationship (marriage,
they were together, as well civil union, or de-facto
as the family home, car, relationship).
furniture, appliances, etc.

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LESSON 2: Legal Implications of Entering into Relationships

Note:
Separate property does not include things like the family home,
car, household furniture, and appliances. If one partner does
anything to increase the value of another partner’s separate
property (eg, renovating an investment property your partner
owns), the increase in the value of the property is relationship
property, not separate property. On the other hand, any
inheritance or gifts that one partner receives while they are in
the relationship is their separate property, unless they combine
that inheritance/gift with the relationship property.

Write down whether you think the property listed below


Try it for
would be classified as RP (relationship property) or SP
Yourself (separate property).

Property RP/SP
Household equipment and appliances
Jointly owned family home
Inheritances and gifts
Property that was acquired before the relationship began
Property purchased after the relationship began
Family heirlooms
Property acquired under a trust
Property not intended for the use or benefit of both partners
Vehicles and boats purchased during the relationship
Property that is declared to be separate under a legal agreement
Value added during the relationship to superannuation and life insurance
policies

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LESSON 2: Legal Implications of Entering into Relationships

Short-term relationships
Married and civil union couples
In the case of married and civil union couples who have been
together for less than three years, the courts will start with the
assumption that the couple have contributed equally and that they
should share the property equally. However, the family home and
the chattels will be shared according to the contributions of each
spouse if it is determined that:
• they were owned by one spouse before the marriage or civil
union began
• they were received by one spouse as a gift or under a will
• one spouse has made a greater contribution than the other
spouse.

De-facto couples
For short-term de-facto relationships, they are not entitled to an equal
share of the property. However, there are few exceptions, such as:
• if the couple has a child(ren) together
• if a partner has made a ‘substantial contribution’ to the
relationship
• if the Court believes that not applying the Act would result in
‘serious injustice’ (s.14A).

Complete the following table to highlight the legal rights


Try it for
and responsibilities of partners who are in the following
Yourself types of relationships:

Relationship Property
Marriage / Civil Union -
over 3 years

Marriage / Civil Union –


under 3 years

De-facto relationship –
over 3 years

De-facto relationship –
under 3 years

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LESSON 3:

Terminating
Relationships

Learning Objectives
When you have finished this lesson, you will be able to do the
following:
describe the process of separation
describe the legal procedures for ending a relationship
identify the role of the Family Court in relationship termination
identify possible legal consequences of terminating a
relationship.

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LESSON 3: Terminating Relationships

The process of separation

For marriage and civil unions, a separation means that the couple
are still legally in the relationship (with the same rights and
responsibilities). However, they have agreed to live separately.

STEP 1:
One of the first steps for a couple to take when they are considering
separating is to attend counselling to try and resolve their issues.
The Family Court offers a free counselling service.

STEP 2:
The couple can then decide to:
• continue living together (and receive ongoing counselling)
• live apart (and preparing for a legal separation).

STEP 3:
If the couple decide to live separately, they can decide to apply
for a separation agreement from the Family Court. The separation
agreement will cover issues such as the day-to-day care of children,
maintenance, and the division of property. The agreement is also
a record of the fact that the couple separated, and the actual date
the separation began, which can be useful if they later apply for
dissolution of their marriage or civil union.

“My husband and I recently decided to separate.


We have not been getting on well for the past
five years, and counselling has not helped. We
have decided to separate, with the ultimate
goal of getting a legal divorce after the two-year
separation period.”

“My wife and I have had a large number


of arguments in recent years, mainly due to
my drinking problems. We decided to go to
counselling provided by the Family Court, and I
also decided to get help for my alcohol-related
issues. The counselling has really helped, and we
have decided to stay together.

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LESSON 3: Terminating Relationships

The following diagram highlights the process of separation:

Sometimes the couple


One spouse (or both) decides to separate. will stay together
in their home while
resolving their issues,
but live separate lives.

Couple attend counselling to try and


resolve their problems.

Couple arrange a separation agreement Counselling will often


through their lawyer or apply to the Family continue through this
Court for a Separation Order. stage.

Couple Couple Couple apply for a


reconcile continue Dissolution Order after
(get back to live living separately for at
together). separately. least two years.

What happens if only one partner wants to separate?


If one partner applies to the Family Court for a separation order, the
Court will usually refer the couple for counselling. The exceptions
are: if the couple has already recently attended counselling and
the Court believes more counselling won’t help, or in the case of
domestic violence.

What about de-facto couples?


Unlike married or civil union couples, a de-facto partner cannot
apply for a separation order. No formal steps are necessary to end
a de-facto relationship; the partners simply need to stop living
together as a couple for the law to recognise that their relationship
has been terminated.

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LESSON 3: Terminating Relationships

Legal separation of a marriage or


civil union
For a married couple or civil union partners to legally end their
relationship, they must show that there has been an irreconcilable
breakdown in the relationship.

Irreconcilable The couple do not intend to reconcile


breakdown (come back together) and the marriage or
civil union is at an end.

To prove that there has been an irreconcilable breakdown, the


couple must live apart for at least two years.

Applying for a dissolution order


After two years of living apart, either party can apply to the Family
Court for a Dissolution Order.

Dissolution An order from the court that formally


Order acknowledges a legal separation between
the couple.

What happens if both partners want to legally


separate?
If both partners consent to the dissolution order the Family Court
Registrar can deal with the application and a court hearing will not
be necessary.
An application for a dissolution order must be accompanied by a
sworn statement called an affidavit. The affidavit must state that
the couple has been living apart for two or more years and that
arrangements have been made for any child(ren) of the marriage.
The dissolution order takes effect after one month.

What happens if only one partner wants to legally


separate?
If one partner does not wish to legally separate, the other partner
can make a single application for a dissolution order by filing the
relevant documents with the Family Court.
In such a case, the person applying for the dissolution order is known
as the ‘applicant’ and their partner is known as the ‘respondent’. Once
the documents have been filed with the court, copies of the application
and other documents need to be served on the respondent.

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LESSON 3: Terminating Relationships

The respondent then has 21 days in which to respond to the


application for dissolution. If the respondent opposes the application
for dissolution, the couple will be required to go to a hearing
at the Family Court. If the respondent chooses not to oppose
the application within 21 days of being served the dissolution
application, the application will be dealt with by the Family Court
Registrar, without the parties needing to go to a Court hearing.

Without looking back, complete the following diagram to


Try it for
highlight the steps that a couple need to take to dissolve
Yourself their marriage or civil union.

What about de facto relationships?


Couples in a de facto relationship do not have to go through any
formal process to end their relationship. They can simply decide to
end the relationship, and make suitable arrangements in relation to
property and custody of children.
However, if required, the Family Court can assist with counselling,
mediation, and decisions in relation to property and custody of children.

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LESSON 3: Terminating Relationships

The role of the Family Court

The Family Court has the following roles when dealing with
relationship termination.

Counselling Counselling is a free service offered by


the Family Court for people who are
having problems in their relationship.
People are referred to counselling
agencies by the Court. Counselling is
available at any stage before or during
legal proceedings in the Family Court.

Mediation If there are still matters in dispute after


Conferences counselling, the Judge may direct
that a mediation conference be held
(or the parties may request one). The
conference is an informal hearing in
which the Judge encourages the parties
to agree on disputed issues.

Care of When a couple separates, they need


Children to decide who their child(ren) will live
with. If the couple cannot agree about
issues of day-to-day care and contact,
the Family Court will hold a hearing and
the Judge will decide who the child(ren)
should live with.

Protection of If there has been physical, sexual or


Children psychological abuse or harassment
by a parent, the Court will not allow
that parent to have day-to-day care or
unsupervised contact with the child.
Protection Orders can be put in place to
ensure that child(ren) are safe.

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LESSON 3: Terminating Relationships

Relationship Some couples have difficulty dividing


Property their property when the relationship
ends. The Family Court can help
couples divide up their property fairly,
and in accordance with the Property
(Relationships) Act 1976.

Separation If one partner wants to separate and the


(only applies other does not, the partner wanting to
to marriage/ separate can apply to the Family Court
civil union) for a Separation Order. The Court will
grant the order if it is satisfied that it is
unreasonable for the couple to continue
living together.

Dissolution When a couple has lived apart for


(only applies two years or more, either partner or
to marriage/ both can apply to the Family Court
civil union) for Dissolution Order. If both parties
consent to the order, they are not
required to attend a hearing to have
their marriage/civil union dissolved.

A friend has sent you the following email. Answer the


Try it for
email in your own words based on the information
Yourself provided.

Hi! As you know, Greg and I are considering ending our relationship. How can
the Family Court help with the process of ending our marriage? It would be great
if you could give me some information about this.

Thanks,
Tasha

Continued on next page...

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LESSON 3: Terminating Relationships

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LESSON 3: Terminating Relationships

Legal consequences of
relationship termination
There are a number of legal consequences of ending a marriage,
civil union or de-facto relationship. These include consequences
that relate to the following.

Property Inheritance Child support Child custody


accumulated and access

Property
When a relationship ends, one of the legal
consequences is that the property of the
relationship will usually need to be divided between
the parties. In many situations, the parties will be
in a less favourable financial position after their
relationship ends. If the couple can agree between
them how they will divide their property, they do not need to apply
to the Family Court to divide up their property for them under the
provisions of the Property (Relationships) Act.

Contracting out agreement


If a couple decides to reach their own agreement on property
sharing, they need to formalise this agreement through
a ‘contracting-out agreement’. In addition to making a
contracting-out agreement after the couple has split, the
agreement can even be drawn up before the couple enters
the relationship (also known as a ‘prenuptial’ or ‘pre-nup’
agreement), or during the relationship itself. This agreement
needs to meet the following requirements.
• Each partner must seek legal advice from separate lawyers
before signing the agreement.
• The agreement must be signed by both partners, with each
partner’s signature witnessed by his or her lawyer, who also
needs to certify that they have explained the effects and
implications of the agreement to their client.

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LESSON 3: Terminating Relationships

Think back to what we learnt in the previous lesson


Try it for about how property is divided in a relationship. In the
Yourself space provided below, briefly identify the rules regarding
property sharing under the Property (Relationships) Act.
Below are some phrases to help remind you of the most
important aspects of the Act.
• Relationships that have lasted at least three years
• Equal sharing rules
• Relationship property
• Separate property
• Short-term relationships (different provisions
for marriages or civil unions, and de-facto
relationships)

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LESSON 3: Terminating Relationships

Inheritance
Another legal consequence resulting from the
termination of a relationship is in relation to issues
of inheritance.

Inheritance An asset that is passed on to a relative


when a person dies.

Who does the inheritance belong to?


Any inheritance received by one partner during a relationship is
considered to be owned by the partner who received it (separate
property).

Are there any situations where inheritance has to be


shared between the couple?
An inheritance that is used for the benefit of both parties, or that
becomes mixed with other relationship property, may be classed
as relationship property in certain circumstances. For example, if
inheritance money is used to pay off part of the mortgage of a family
home the money will no longer be classified as separate property if
the relationship comes to an end (either through dissolution or death
of one of the partners).

“When my father passed away, I received about


$50,000 in cash and other assets. As my wife
and I are currently separated, I was advised by
my lawyer to not spend any of the money on the
family home. Otherwise, my wife could have a
right to some of the inheritance.”

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LESSON 3: Terminating Relationships

Child support
Another legal consequence resulting from the
termination of a relationship is that one parent will
be liable to pay child support.

Child support Money paid by non-custodial parents


(ie, parents who are not responsible for
the day-to-day care of the child) to help
financially support their children.

Child support applies regardless of the type of relationship the


parents were in (marriage, civil union, or de-facto relationship), or
even if the parents were not living together as a couple.

The Child Support Act 1991 sets out the legal provisions
relating to child support in New Zealand, and the Inland
Revenue Department (IRD) administers the Child Support
scheme. The Child Support Act ensures that parents take
financial responsibility for their children when a relationship
ends.

Calculating child support


The parent who is caring for the child on a day-to-day basis applies
to Inland Revenue for child support.
Inland Revenue uses a standard formula to calculate how much
child support the liable parent is required to pay per year (see the
IRD website for more information: www.ird.govt.nz). This calculation
is then divided into monthly amounts. Once the amount is
calculated, Inland Revenue sends a letter to the liable parent stating
how much child support they are required to pay. A letter is also
sent to the custodian notifying how much money they will receive.

Mary is currently living with her new partner


and they have two children together. Mary has
two children from a previous relationship that
she does not have day-to-day care of. She
earns $73,000 per year. She currently pays
$190.40 per week for child support.

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LESSON 3: Terminating Relationships

Day-to-day care and contact


Another legal consequence resulting from the
termination of a relationship relates to how the
children will be cared for and the contact they will
have with both of their parents.

Day-to-day The parent who is mainly responsible for


care the care of a child. They are also known as
the custodial parent.

The non-custodial parent does not usually make day-to-day


decisions about the child, but must be consulted on any major
decisions about their child (eg, which school they should attend,
permission to go overseas, etc).
Normally the couple are required to make a decision themselves
about who should have day-to-day care of the child and how.

What happens if the couple cannot agree on who should


have day-to-day care of the children?
If a couple cannot agree through counselling or mediation, they will
have to go through the Family Court process to seek a parenting
order. In making a decision about the care arrangements for a
child, the most important factor the Court will consider is the
child’s welfare and best interests. This means that the Court will not
assume that the child would be better off with their mother than with
their father (or vice versa).

Briefly summarise what a must happen if parents cannot


What do reach an agreement about who should have day-to-day
You Think? custody of their child?

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Glossary

administer to organise or process something


chattels items included in a home, such as the oven, curtains, carpets etc
child support money paid by non-custodial parents (ie, parents who are not responsible
for the day-to-day care of the child) to help financially support their
children
civil union a form of relationship similar to marriage, however it has no religious or
traditional connotations
consent approval
day-to-day care the parent who is mainly responsible for the care of a child – they are also
known as the custodial parent
de-facto a personal relationship between two people (similar to marriage or civil
relationship unions) that is not legally registered.
dissolution to legally end (dissolve) a marriage or civil union
dissolution order an order from the Court that formally acknowledges a legal separation
between the couple
exclusive special, unique
implication the result of taking a specific action
inheritance an asset that is passed on to a relative when a person dies
irreconcilable the couple do not intend to reconcile (come back together) and the
breakdown marriage or civil union is at an end
marriage the most traditional form of recognised relationship between a couple
marriage celebrant a person who is authorised to perform marriage ceremonies
separation when a couple decide to live separately (even though they are still in a
legal relationship)
void not valid, not legally recognised

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