How to get some free legal advice about your legal options and help to fill out court forms.
On this page:
What does the Family Legal Advice Service cover?
How to contact a lawyer
When can I get funded family legal advice?
Going to court
Some government-funded legal advice before you go to court is provided by the Family Legal Advice Service. If you qualify for government funding you can get some free legal advice to help you understand the legal aspects of settling a dispute about caring for your children. This service can also help you fill out Family Court forms if needed. This service is different from legal aid, which is where the government pays for a lawyer for those who are eligible once their case is in court. What does the Family Legal Advice Service cover? The Family Legal Advice Service covers:
your rights and responsibilities in regard to your children
your legal options in agreeing how you'll care for your children.
It can also cover help filling in forms if you do go to the Family Court whether you are asking the court to do something (applying to the court) or responding when someone is asking the court to do something that involves you. If you need more advice or to get help filling out further forms than the service provides, you will have to pay for this. This service is different from Legal Aid which is where the government pays for a lawyer for those who are eligible once their case is in court.
How to contact a lawyer
The Family Legal Advice Service is provided by the approved lawyers listed in service providers.
When can I get funded family legal advice?
You can get Family Legal Advice any time before going to court. Getting some legal advice before, during or after Family Dispute Resolution may be helpful.
You may want to talk to a lawyer after Parenting Through Separation about your options or the legal aspects of a private agreement you're thinking of making.
If you need more advice from the lawyer or further help filling out forms than the service provides, you'll have to pay for it.
Going to court
You don't need a lawyer to apply to the Family Court. However, you may find it useful to talk with a lawyer as they can give you advice and help you fill out court forms.
Your family lawyer can help you answer the questions on the forms so the Judge gets a clear picture of what you want and how this is in the best interests of your children.
If you agree on the arrangements for your children's care, and want the court to make a Consent Order, you may wish to get legal advice so you understand your rights and responsibilities if the Order is made.
Getting a divorce (dissolving a marriage or civil union)
The Family Court can legally end (dissolve) your marriage or civil union if you’ve lived apart for two years or more. Dissolving a marriage or civil union is the legal term for divorce. The Family Court can end your marriage or civil union by making a Dissolution Order, if New Zealand is usually home for one of you.
You can ask the Family Court for a Dissolution Order (Divorce) if both of you want this and you have grounds to do so. If only one of you wants to divorce, that person can ask the Family Court to make a decision. Asking the Family Court to make an order is known as applying for an order.
The fee for applying for a Dissolution Order is $211.50 (including GST). In some cases, you may ask the Court to waive the fee, which means you are asking them to not charge you.
Cost contribution
You and the other people involved in your case can be ordered to pay some of the costs of services appointed by the court to help decide your case. These including a lawyer for child, a lawyer to assist the court and/or reports from specialists.
Relationship property
If you need the Court’s help dividing your relationship property, you need to make a separate application within 12 months of your divorce. The Court may extend this time frame.
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