What happens to the family home when you separate?  Who has to move out?  Can it be sold out from under you?  What if you live in a trust owned house or a rental?  We discuss these and other burning questions that keep people up at night.  Advice on practical ways to resolve these issues, amicably or through the Courts.  And  Shelley tells us what advice she would give herself if she could go back to the early days of her separation..."Chill Shelley, it will all be ok."    Watch episode...

When is it safe to put your house in a trust?  That's a question that went all the way to the Supreme Court this year... and spoiler alert, the answer is that the only way to put the family home out of reach of your beloved is to be upfront about it (and contract out).  What was the crux of the case?  What have we learned about section 44? And what should lawyers be advising their clients?  Find out what it's like to take a case to the Supreme Court, why you'd clone a hard drive, and what...

Does it sound too judgey to say this interview was full of surprises?  Kicked out of Morrinsville High School as a teenager, Judge de Jong had a winding path to law, but once he got there has made it his life's work to fight (and innovate) for better outcomes for the victims of family violence.  He talks about:  lawyers who irritate judges, about setting up the ground breaking, wrap-around  Family Violence Court, and his top tips for lawyers and self represented litigants.   Do judges ever...

What happens when a couple separate while living overseas, and only one wants to return home?  If you no longer agree on where to live...what happens to the children? We were lucky enough to speak with Alex Ashmore one of Auckland’s leading experts on Hague Convention cases - fresh from the biennial Hague Convention Convention.  Listen for a master class on the how to (and how not to) of Hague Convention work, what you need to know if you are a parent wanting to relocate overseas, and how to...

Why aren't we judging our relationship property laws by how well they protect children?  Champion of children's rights, much loved family law lecturer and family law reformer Professor Mark Henaghan gives us a master class on the laws that exist to protect children caught up in relationship property disputes, their effectiveness, and what we could be doing to improve outcomes for children. More information about Mark Watch the episode here. Interesting Reading: Borrin Foundation /...

Highly successful mediator and ex Family Court Judge Tony Lendrum gives his top tips for a successful mediation, explains why mediation can save you money, and shares his insights from years of successful mediations.  If you are going to mediate, or are thinking about whether you should, listen to this. Watch the episode here. More information about Tony. Taina Henderson - Henderson Reeves (hendersonreeveslawyers.co.nz) Shelley Funnell - Henderson Reeves (hendersonreeveslawyers.co.nz)

Navigating a contracting out agreement conversation is never easy.  Knowing why we have them and what different arrangements can be put in place can make it a better and less stressful experience.  This episode - with our resident expert on tricky prenups and complicated relationships - deals with why you would have a contracting out agreement, when you  don't need one, and why it is so important to do a thorough job of it.  A fair and well thought out agreement is better for you AND for...

In this episode we talk to our hero Vivienne Crawshaw (King's Counsel) about her epic battle in the case of McQueen v Penn - at the time the highest maintenance award ever made in New Zealand - a game changer amongst other things because it made legal fees a legitimate part of a spousal maintenance claim. Vivienne gives a master class in spousal maintenance, why court room etiquette matters, and what it takes to be a great lawyer. Divorce Cafe aims to demystify, detangle and (hopefully)...

This episode delves into when you can do your own relationship property division, when you should not, and how to set yourself up for success.  Veteran Family Court lawyer Stuart Henderson talks about the benefits of negotiating your own agreement, what not to do, and the upside of your ex picking ‘the best lawyer in town’. Watch this episode: https://www.youtube.com/@divorcecafe/ Read the article: https://hendersonreeveslawyers.co.nz/can-you-diy-a-relationship-property-division/  Taina...