It can be frustrating and stressful if your former partner is no longer honouring the terms of your separation agreement. Separation agreements are intended to bring clarity and stability during what can already be a challenging time. When those agreements are breached, knowing what your options are is key to restoring normalcy.
In New Zealand, legal pathways are available to enforce a separation agreement or, in some cases, to have it modified. Understanding your rights and the steps you can take is essential. Whether the breach of your separation agreement relates to property, parenting arrangements, or financial support, here’s what you can do to help protect your interests and restore certainty to your situation.
What is a Separation Agreement?
A separation agreement is a legally recognised contract between former partners, whether married, in a civil union, or in a de facto relationship. These agreements can outline arrangements for property division, childcare, and financial support. For a relationship property division agreement to be legally enforceable in New Zealand, it must:
- Be in writing and signed by both parties
- Be witnessed by each party’s own lawyer
- Be certified by each party’s lawyer to confirm independent legal advice was provided
Common Types of Breaches in Separation Agreements
A breach occurs when one party fails to honour the terms of the agreement. Common breaches of separation agreements in New Zealand can include:
- Failing to sell or divide assets and other relationship property
- Withholding or delaying property transfers
- Non-payment of child or spousal support
- Violating parenting or custody arrangements
- Concealing assets or financial information
- Interfering with jointly owned property
Legal Remedies Available to You
1. Enforcing the Agreement Through the Family Court
If your separation agreement was turned into a Consent Order by the Family Court, you can apply to the court to have it enforced. The court has the authority to:
- Compel compliance (e.g., transfer property, pay support)
- Issue penalties or compensation for non-compliance
- Issue warrants to seize property or recover unpaid amounts
Even if your agreement hasn’t been registered with the court, it can still be enforced as a contract through civil proceedings. The court may direct the breaching party to fulfil their obligations or pay compensation.
2. Urgent Protection: Injunctions and Interim Orders
In the scenario where there is a risk that your ex-partner will:
- Sell or hide valuable property
- Remove a child from your care or from New Zealand
- Interfere with your financial assets
You can apply for an injunction or urgent interim order. These orders are designed to prevent immediate harm and maintain the status quo while matters pertaining to the long-term are resolved.
3. Claiming Damages or Compensation
If the breach has caused you measurable financial harm – for example, if property was sold below market value, or you were denied the use of shared assets – the court may award you damages or compensation.
How a Family Lawyer Can Help
An experienced family lawyer can support you in a number of vital ways:
- Reviewing the Agreement: Evaluating whether the original agreement is legally valid and clearly enforceable.
- Navigating Enforcement: Preparing the necessary documents and evidence for court, and representing you during proceedings.
- Assessing Modification Options: Advising whether your situation meets the threshold for modifying or setting aside the agreement.
- Drafting New Agreements: Ensuring any revised terms are properly documented, witnessed, and legally binding.
Feeling Lost? Sharon Chandra Can Help
If you’re dealing with a breach of your separation agreement, it’s important not to delay. Taking timely steps can prevent further complications and help you achieve a practical resolution. Legal remedies are available, but the right course of action depends on your specific circumstances.
An experienced family lawyer can assess your agreement, explain your options, and guide you through the process, whether that involves enforcement, modification, or negotiated resolution. If you’re unsure where to begin, talk to Sharon Chandra and get a clear picture of your situation. Get in touch today for strategic support to help you move forward with confidence.