NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business

Jeremy Sutton: A family lawyer's five reflections one year on from Covid-19 lockdown

By Jeremy Sutton for the NZ Herald
NZ Herald·
27 Mar, 2021 08:00 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

    Reminder, this is a Premium article and requires a subscription to read.

It's been a year since the country went into level 4 lockdown. Photo / Dean Purcell

It's been a year since the country went into level 4 lockdown. Photo / Dean Purcell

This week, it has been one year since New Zealand went into a Level 4 lockdown in response to the outbreak of Covid-19. Before the lockdown it was difficult to predict how much the virus could come and disrupt so much in such a short amount. One year on a lot has changed.

Family law has not been immune to these changes. In some respects Covid-19 has complicated the separation process for some parties but not all changes have been negative. Below are five observations of things that have changed in family law since last year.

1. More complicated property valuations

When a couple divides their relationship property, they will usually obtain a valuation of the family home to assist with determining a fair division of property. However, the property market has been changing at a rapid pace over the past year. Some parties have tried to time the valuation strategically to maximise their position. One party may argue that an old valuation should be relied upon because the property value has increased, and they do not want to have to compensate their partner for that increase by giving up other relationship property.

Usually a property valuation will be valid for around six months. In regions where house prices are rapidly changing, this period has been even shorter. This has made separations difficult if the parties cannot reach a swift resolution.

Advertisement
Advertise with NZME.

2. Speculative assets

People are becoming more interested in a range of speculative assets. This year we have seen more clients with cryptocurrency and unique share purchases (such as GameStop). Cryptocurrency presents unique challenges to both lawyers and some parties who lack of understanding of how they work. Determining the value of cryptocurrency can be difficult as it fluctuates often.

3. Complicated parenting arrangements

Advertisement
Advertise with NZME.

Parenting arrangements were disrupted last year by the various lockdowns. Separated parents had to navigate how to share care during a pandemic. If the parents did not live close to each other, contact with their child may have been disrupted. Parents often disagree on various rules for their children such as how much screen time they should have. Covid-19 presented additional decisions including the use of masks, whether to send the children to school when alert levels were raised, travelling around the country and attending large events. It is possible that some parents may disagree on whether their child should receive the Covid-19 vaccine when it is available.

Parenting arrangements can also become complicated if one party wants to relocate. Auckland has experienced four lockdowns over the past year. The lockdowns and rising house prices are inspiring more people to relocate to other regions. If the relocating parent has care of the children, they need permission from the other parent. In providing that permission, the other parent risks being separated from their children if the region or country goes back into a Level 3 or 4 lockdown.

Discover more

Banking and finance

'A convoluted nightmare': The pensioner who discovered she didn't own her home

27 Mar 04:00 PM
Opinion

Heather du Plessis-Allan: Why Christopher Luxon may try for National leadership this term

27 Mar 04:00 PM
Business

How three New Zealand-Tongan businesses have fared against Covid

26 Mar 10:00 PM

4. Trusts Act 2019

A new Act governing trust law came into effect in January 2021. The Act clarifies the core principles of a trust and the duties of trustees. It imposes stricter duties on trustees to report to beneficiaries about basic trust information. The onerous duties have caused trustees and trust advisors to act more cautiously when trust property is involved in a separation dispute.

The Act also provides mechanisms for alternative dispute resolution, such as mediation. Instead of applying to the Court, a trustee can first refer a dispute to mediation (or another form of alternative dispute resolution) if all parties agree. This can allow parties to reach a resolution sooner and provide more flexibility in the outcome.

5. Zoom and phone meetings

During lockdown, everyone became very familiar with Zoom. It allowed us to have meetings virtually – both in our professional and personal lives. Over the past year many people have continued to have meetings via Zoom. We have found clients often prefer to talk from the comfort of their home. This reduces travel time and the cost of parking.

Zoom has also allowed certification of documents to be done remotely. Previously the parties had to be in the same room at the same time. A necessity of lockdown was that the rules were eased to allow documents to be certified on a video call. This is another practice that has continued beyond the lockdown.

Advertisement
Advertise with NZME.

Summary

Covid-19 has changed everyone's lives – sometimes for the better, sometimes not. Separations are becoming more complex in some respects, but technology has helped facilitate more efficient communication. Parents have had to navigate new challenges. However, a greater emphasis on alternative dispute resolution will help speed up the separation process.

• Jeremy Sutton is a senior family lawyer, specialising in divorce cases where there are significant assets, including family trusts and complex business structures.

Save

    Share this article

    Reminder, this is a Premium article and requires a subscription to read.

Latest from Business

Premium
Opinion

Sasha Borissenko: Is gig work freedom or friction?

13 Jul 12:01 AM
Premium
Property

'Family endured difficult tenancy': Rental managers fined $9700

12 Jul 09:00 PM
Business|companies

New World customers warned after ‘password spraying’ attack

12 Jul 02:39 AM

Audi offers a sporty spin on city driving with the A3 Sportback and S3 Sportback

sponsored
Advertisement
Advertise with NZME.

Latest from Business

Premium
Sasha Borissenko: Is gig work freedom or friction?

Sasha Borissenko: Is gig work freedom or friction?

13 Jul 12:01 AM

OPINION: The Government is already moving to tighten up who an employee is.

Premium
'Family endured difficult tenancy': Rental managers fined $9700

'Family endured difficult tenancy': Rental managers fined $9700

12 Jul 09:00 PM
New World customers warned after ‘password spraying’ attack

New World customers warned after ‘password spraying’ attack

12 Jul 02:39 AM
Premium
Auckland retiree faces eviction as ground rent jumps 344%

Auckland retiree faces eviction as ground rent jumps 344%

12 Jul 12:01 AM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP