The use of family trusts is widespread in New Zealand. There are a number of reasons for forming a trust. Trusts are often used as a method of protecting assets from a variety of different risks, including a relationship property claim. The Supreme Court has very recently released its decision in the Clayton v Clayton […]
Author Archive | Kirsty McDonald
Relationship Property – who gets what when there is more than one relationship?
We generally think about a relationship property being divided between just two people. But what happens if someone is in a relationship with more than one person? Who gets what? Who can bring a claim? A recent article on stuff.co.nz “De facto claim fails in divorce case despite 27 year affair” caught my interest. The parties were […]
Man Cuts Possessions in Half – A New Approach to Relationship Property Division?
A recent article about a recently separated German man, who cut his possessions in half and posted half of the descimated items to his ex partner attracted a lot of social media attention recently. Is this approach to relationship property division advisable? The man very cleanly cut numerous possessions, which had belonged to himself […]
Recent Court Decision has Implications for Trusts
A recent Court of Appeal decision could have widespread implications for many Trusts in New Zealand. Mr and Mrs Clayton were married for 17 years and separated in 2006. During their marriage the saw milling and timber processing businesses operated by entities controlled by Mr Clayton grew, and at the time of separation were of […]
Child Support is Changing
New rules about how child support is calculated will be in operation from 1 April 2015. One of the key reasons for the change to child support is to recognise that the way separated parents care for their children has changed. The current child support formula has been around for over 20 years. It takes […]
Can You Trust Your Trust to Protect Your Farm?
It is widely believed that having the family farm in a trust is the best form of farm asset protection. But does a trust protect your farm from a relationship property claim? A trust does offer protection from a relationship property claim , however it cannot be relied upon as the sole means of protection. […]
5 Relationship Property Traps
As lawyers our job is often to tell people things that they don’t necessarily want to hear. One of my colleague’s describes us as being “paid pessimists” which I think is a good way of describing what we do, and really describes what this blog is all about. Love is a wonderful and powerful emotion. […]
Division of Relationship Property
A recent Sunday Star Times article reported a Family Court decision awarding a Wellington woman a 70% division of relationship property. This departure from the 50/50 division could be a significant development in how the Courts treat the division of relationship property. The couple separated in 2008 after 28 years of marriage. The woman had […]
Is Your Contracting Out Agreement Still Effective?
Contracting Out Agreements (also known as Section 21 Agreements) are signed by couples who want to contract out of the equal sharing provisions of the Property (Relationships) Act 1976. If it is over five years since you signed your contracting out agreement then you must review it to make sure it is still enforceable. The […]
Litigation or Dispute Resolution?
Lawyers are fond of using language that is a mystery to the rest of the population, especially when it comes to describing the work they do. Depending on the context of the discussion I will often describe myself as being a litigator or as working in dispute resolution. What do these terms mean and is […]