The Ex-Files: I want to revalue our home before a Family Court hearing and have my child give evidence too
Question: After a relationship of over 15 years, my partner and I have separated. My partner will keep the family home and I will keep the bach.
The family home was valued over two years ago. We are scheduled to attend a Family Court hearing in the next few weeks, which has raised some issues to consider.
I want to get the family home valued again but my lawyer and my ex-partner do not think it’s necessary. My lawyer also thinks the court will not allow further evidence to be admitted at this late stage.
I also want my 14-year-old to give evidence about how my ex-partner has damaged the home, and the extreme gambling habits of my ex-partner.
- Will the court allow me to file further valuation evidence for the family home?
- Will the court allow my 14-year-old to give evidence?
- Can I avoid a court hearing?
- Will the court allow further valuation evidence for the family home?
Answer:
The legal framework
Unless the court has specifically directed that no further evidence may be filed, you can seek permission from the court to submit additional evidence. This requires filing a formal application requesting the court’s permission to file a further affidavit containing the updated property valuation.
Read the full NZ Herald Ex-Files article to discover what the court decision-making process involves, in what situations updated property valuations are likely to be accepted by the courts and why putting a 14-year-old child in the position of giving evidence is generally discouraged. The article also presents some alternative options for providing evidence and various methods to resolve disputes without the need to go to court.
