In some cases parties who have separated are able to resolve to divide their relationship property between themselve quite amicably. Unfortunately, in other cases the relationship between the parties has broken down to such an extent that they can’t communicate with each other at all. Generally the longer it takes for parties to resolve a […]
When a relationship has ended there are arrangements to make and questions that need answers. What is likely an emotionally charged time, is a busy one too. A common concern is, what happens with the property that was shared in the relationship? That depends. The rules outlined in the Property (Relationships) Act 1976 will govern […]
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 […]
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 […]
Most people are now familiar with the Property (Relationships) Act (“the Act”) and the equal sharing of relationship property when a marriage or de facto relationship of more than three years ends. The Act defines relationship property and separate property, and provides for the division of relationship property on separation. That is commonly understood. What […]
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 […]
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. […]
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. […]
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 […]
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 […]
