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.

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What happens to your deposit when buying property?

24 July 2025
Buying a property is one of the most significant financial decisions you'll make in your lifetime. Whether you're a first home buyer in Christchurch or an experienced investor, understanding the conveyancing process is crucial for protecting your interests and ensuring a smooth transaction. Weston Ward and Lascelles’ Christchurch property lawyers have guided countless clients through the complexities of buying and selling property, but one area of the process is typically misunderstood by clients, and that is what happens to your deposit when you are buying a property. It’s an important aspect of property conveyancing, so this article is to fill in any gaps and help you navigate this element of the transaction. Understanding property deposits in New Zealand A deposit is an initial payment made by the buyer to the seller and represents a proportion of the total of the purchase price. The deposit is usually payable on the purchaser confirming that all conditions inserted in the contract for the benefit of the purchaser have been satisfied i.e. the deposit is usually payable when the contract goes unconditional. But note auctions are different. If you have bought a property at auction the deposit must be paid immediately upon winning the auction, as typically auctions are unconditional on the fall of the hammer. If you do not pay the deposit immediately after winning an auction, the vendor would immediately be entitled to cancel. But if you did not pay the deposit on a property (not purchased at auction) immediately after you confirmed that all conditions inserted in the contract for your benefit have been satisfied, this would not usually entitle the vendor to immediately cancel the contract. The vendor would first have to serve notice on you requiring you to pay the deposit within 3 working days or else! A deposit serves as assurance for the vendor that the purchaser is serious about completing the transaction and offers financial protection to the vendor if the buyer defaults. For purchasers, it demonstrates good faith and secures their right to complete the property purchase under the agreed terms of the Sale and Purchase Agreement. 
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Separated parents: taking children overseas for holidays — do you need the other parent's permission?

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Planning an overseas holiday with your child after separation? Learn if you need the other parent’s permission and avoid legal issues when travelling.