Guidance for a Christmas and holiday separation

22 December 2022

Christmas is the time of year when the schools shut, people make the most of the public holidays and take an extended break, and friends and families reunite to celebrate together. However, for many people, Christmas is not the season of goodwill.


Separating from a partner or spouse is always difficult, no matter what time of year, but Christmas can be a catalyst for separation: finances are stretched, there’s an opportunity for frank relationship discussions and spending more time together can cause bubbling resentments to come to the surface.


5 Steady steps to separate

If you are in a position where things are coming to a head, what can you do?

1.   Ensure your safety

It is essential you and your children are safe. If, at any point, you feel unsafe before or during the separation process, contact our family court lawyer Christchurch team to make an urgent application for a Protection Order.


2.   Get your ducks in a row

Throughout your relationship you are likely to have accumulated possessions and various liabilities. You need to know what the household’s financial position is. Couples typically keep papers in one place, so it’s important to take copies of all relevant documents relating to assets and liabilities - this is especially important if your partner has run the finance side of things during your relationship.

f it is you instigating the separation, collate the document copies before you have the conversation about separating, even if you intend on staying in the property.


3.   Make a list

Make a list of valuable things and record their values at the date of separation. Note property that was bought through individual effort, assets that pre-date the relationship, and any inheritances or gifts. Often it is the division of assets or relationship property that causes the most animosity and long-lasting financial damage to split couples and families.


4.   Understand what is important to you

When you separate all aspects of your life will need to be considered: your children, your home, the dog, the car, and never mind all the smaller day-to-day assets. Spend time reflecting on what is important to you.


Everyone has very different ideas as to what has sentimental value. There may be things you are happy to part with, and others you do not want to give up under any circumstance. This information helps shape your Separation Agreement; after all, Weston Ward & Lascelles Christchurch family lawyers can only get the best legal outcome for you, if they have a true picture of what is important to you. 

 

What’s included in a Separation Agreement?

1.    Confirmation you have separated

2.    The official date of separation

3.    Confirmation of joint assets

4.    Confirmation of what assets are relationship property, and which are individual

5.    The agreed division of relationship assets


5. Book an appointment with a family lawyer

Like many of the best family lawyers in Christchurch, Weston Ward & Lascelles find January and February are the busiest times of the year. Enquiries for divorce and dissolution lawyers and requests for legal separation advice are consistently high during these months, so it’s always advisable to seek legal advice as soon as you have made your mind up to separate.


Our family lawyer Christchurch team are here to support, guide and reassure you through the difficult process of separating. Our cost-effective and high-quality legal advice helps people achieve the best possible outcome for their current and future circumstances. Contact us today to see how we can help you.

Person writing with a red pen on paper-filled desk, computer in the background.

Probate threshold increased to $40,000 – what this means for Kiwi families

30 October 2025
From 24 September 2025 , the New Zealand Government increased the probate threshold from $15,000 to $40,000 — a long-awaited change that simplifies the estate process for thousands of families. This adjustment, though seemingly small, removes the need for costly High Court applications for many modest estates, especially KiwiSaver accounts sitting between $20,000 and $40,000. Why this change matters The previous $15,000 limit was set decades ago when savings balances were far smaller. With KiwiSaver now a cornerstone of retirement planning, many New Zealanders had moderate accounts that still triggered the expensive probate process. Under the old rules, families often had to spend $2,000–$3,000 on legal fees to release funds that were barely worth more than that. The new $40,000 threshold reduces this red tape and helps ensure small estates aren’t swallowed up by administration costs . What probate actually is Probate is the formal process where the High Court confirms that a deceased person’s will is valid and appoints the executor to manage their estate. It gives banks, KiwiSaver providers and insurers legal proof that they’re releasing funds to the right person. Until now, almost any estate exceeding $15,000 required probate, even if it was just a modest KiwiSaver balance or a small bank account. 
Small, light green house with white trim, a small porch, and landscaping.

Granny Flats without consent? Government says Yes (from 2026)

14 October 2025
From 2026, NZ homeowners can build granny flats without consent. Learn what the new law means for you with expert guidance from Weston Ward & Lascelles.