Experienced family lawyers helping you through separation, property division, and parenting disputes
Our family law team at Lane Neave acts for clients across Wellington and Auckland on every aspect of relationship breakdown — from dividing property fairly under the Property (Relationships) Act 1976, to resolving care-of-children disputes, to protecting assets before a relationship begins.
We understand that family law matters are deeply personal. Whether you’re navigating a separation, contesting a will, or trying to reach a parenting agreement, our approach is direct, pragmatic, and focused on getting you to resolution — not prolonging conflict.
Andy Bell leads the family law practice at Lane Neave and is a Legal 500 Asia Pacific Recommended Lawyer for his employment law work. That recognition reflects the standard of advice across the entire team — the same rigour and client-first approach applies to every matter we handle.
What areas of family law do we cover?
Relationship property division
The Property (Relationships) Act 1976 provides that relationship property is generally divided equally (50/50) between partners after separation. This applies to married couples, civil union partners, and de facto partners who have lived together for three or more years.
Relationship property typically includes the family home, furniture, vehicles, KiwiSaver, and any assets acquired during the relationship — regardless of who paid for them. Separate property (assets owned before the relationship, inheritances, or gifts) may be excluded, but complications arise when separate property has been mixed with relationship property or used to improve shared assets.
Andy Bell leads the Wellington family law team, with Auckland relationship property specialist Gabrielle Thompson handling complex property matters across Auckland’s challenging market. The team has particular expertise in matters involving trusts, business interests, and disputes over classification of assets. We also act for clients nationwide through senior lawyer Sarah Wadworth, who serves clients in Wellington, Auckland, and Christchurch.
Read more about relationship property division →
Contracting out agreements (prenups)
A contracting out agreement under section 21 of the Property (Relationships) Act 1976 allows partners to agree on how their property will be divided, overriding the default 50/50 split. Both parties must receive independent legal advice for the agreement to be valid — the Act requires this.
These agreements are most commonly entered into when one partner brings significant pre-relationship assets, a family inheritance, or a business interest into the relationship. We advise both people entering relationships and those whose existing agreements need updating.
Read more about contracting out agreements →
Care of children and parenting matters
When parents separate, the Care of Children Act 2004 requires that the welfare and best interests of the child are the paramount consideration in any parenting arrangement. This covers day-to-day care, contact arrangements, school holidays, relocation disputes, and situations involving parental alienation.
Senior lawyer Tanya Lavan specialises in care-of-children matters and works closely with trusted child specialist professionals to ensure arrangements genuinely serve the child’s interests — not just the parents’ preferences.
Collaborative family law
Collaborative law is a structured process designed to help separating couples resolve legal issues without going to court. Both parties and their lawyers sign an agreement committing to negotiation rather than litigation. If the process breaks down and court proceedings are issued, both lawyers must withdraw — which creates a strong incentive for everyone to negotiate in good faith.
This approach is particularly effective for couples who need to maintain an ongoing relationship (typically because they have children) and want to avoid the adversarial nature of court proceedings.
Deceased estates, wills, and family trust disputes
We act in contested estate matters, testamentary promises claims, and disputes involving family trusts. We also advise on enduring powers of attorney and applications under the Protection of Personal and Property Rights Act 1988 (PPPR Act).
Family violence and protection orders
We act in private family law matters involving family violence, including applications for protection orders under the Family Violence Act 2018. These matters are handled with particular sensitivity and urgency.
Our family law team
| Lawyer | Location | Specialisation |
|---|---|---|
| Andy Bell — Partner | Wellington | Leads the Wellington family law team. Legal 500 Asia Pacific Recommended Lawyer (employment law). |
| Tanya Lavan — Senior Lawyer | Wellington | Care of children, custody disputes, and parenting arrangements specialist. |
| Gabrielle Thompson — Senior Lawyer | Auckland | Relationship property division, contracting out agreements. Auckland-based specialist. |
| Sarah Wadworth — Senior Lawyer | Wellington, Auckland, Christchurch | Employment and family law. Serves clients across three centres. |
| Beth Clearwater — Intermediate Lawyer | Wellington | Employment and family law. |
| Helena Scholes — Intermediate Lawyer | Wellington | Employment and family law. |
Help with family law costs
We understand that the financial pressure of a separation can make it harder to access the legal support you need — especially when relationship property hasn’t yet been divided.
That’s why we’ve partnered with JustFund, which provides flexible funding for family law legal fees. Eligible clients can access a line of credit to cover legal costs related to separation or relationship property proceedings, with repayment deferred until settlement is reached.
This means you don’t have to compromise on the quality of your legal advice because of short-term cash flow. Contact us for more information, or visit justfund.co.nz.
Why clients choose Lane Neave for family law
A dedicated family law team, not a sideline. Family law is a core part of our practice — not an afterthought bolted onto a general litigation firm. You’ll work with lawyers who deal with relationship property, parenting disputes, and separation matters every day.
Wellington and Auckland coverage. Andy Bell leads the Wellington family law team. In Auckland, Gabrielle Thompson focuses exclusively on relationship property — ideal for Auckland clients dealing with property division in one of New Zealand’s most complex property markets.
Nationwide reach. Sarah Wadworth serves clients in Wellington, Auckland, and Christchurch, meaning you get specialist advice regardless of where in New Zealand you’re based.
A free 30-minute consultation. Every new enquiry starts with a free, no-obligation 30-minute consultation — in person, by phone, or by video. We’ll assess your situation, explain your options, and give you a clear idea of what’s involved before you commit to anything.
Frequently Asked Questions
How is relationship property divided in New Zealand?
Under the Property (Relationships) Act 1976, relationship property is generally divided equally (50/50) between partners after separation. This applies to married couples, civil union partners, and de facto relationships of three years or more. The family home, chattels, and assets acquired during the relationship are typically classified as relationship property regardless of who paid for them.
Do I need a lawyer for a separation in NZ?
You are not legally required to have a lawyer to separate in New Zealand. However, if you are dividing relationship property, the law requires both parties to receive independent legal advice before signing a contracting out agreement (section 21, Property (Relationships) Act 1976). In practice, legal advice significantly improves outcomes — particularly in disputes involving trusts, business assets, or care-of-children arrangements.
What is a contracting out agreement?
A contracting out agreement (often called a prenup) is a legal agreement under section 21 of the Property (Relationships) Act 1976 that allows partners to agree on how property will be divided if the relationship ends. Both parties must receive independent legal advice, and the agreement must be in writing and signed by both parties. Without independent legal advice, the agreement can be set aside by the Family Court.
How long does relationship property division take?
The timeframe varies significantly depending on complexity. Straightforward matters where both parties agree can be resolved in weeks. Complex disputes involving trusts, business valuations, or contested classification of assets may take 12 months or longer, particularly if court proceedings are required. Early legal advice and a willingness to negotiate through mediation typically lead to faster resolution.
Can I get legal aid for family law matters in NZ?
Legal aid is available for some family law matters through the Ministry of Justice, subject to a means test. However, eligibility thresholds are low and legal aid may not cover all types of family proceedings. Our partnership with JustFund provides an alternative funding option for clients who don’t qualify for legal aid but need help managing legal costs during separation.