Articles

Are You in a De Facto Relationship?

Tuesday, May 02, 2017

It is common knowledge that when a married couple in New Zealand gets divorced, they, general speaking, get half each of all the property owned by the parties.  In New Zealand this asset division also extends to de facto relationships of more than three years, but what is a de facto relationship?  A marriage is easy to identify:  there is a wedding, someone cuts the cake, there is usually an adorable child in charge of the rings and most importantly, a legal document; a marriage certificate which says you are married.  However, de facto relationships are not so easy to identify. Read more

Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Thursday, April 06, 2017

The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships.  Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property.  This usually includes the home, family chattels, and all other property acquired during the relationship.  However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act. Read more

Recent Posts


Tags

Family Trusts Lease Albany Office Expression of interest Six years Economic disadvantage Financial Markets Conduct Act 2013 (FMCA) Blackwell v Hollings Eviction Property (Relationships) Act 1976 Relationship Property Temper Section 15 Personal Properties and Securities Act 1999 Tenant Shareholders' Agreement Tenants Mortgagee Commercial Property Marriage Immigration New Zealand Family Protection Act 1955 Elder Law Auckland Office Financial services Subsidies Administrators duty Frustration Hawkes Bay Trustee Company Limited v Judd Wills Body Corporate Domestic Violence Act 1995 Companies Act 1993 Contract Law Constructive trusts Seperation Mortgagor KiwiSaver Unfair contract terms Litigation Limitation defence Partnership based work visa Psychological abuse Testamentary writing Pattern of offending Amundson v Raos Ministry Reckless Trading Physical abuse Re Estate of Feron Wills Act 2007 Section 14 Abuse Work and Income White v White Part payment Acknowledgment Interest Claims against estates Repayment Commercial Sale of Goods Interpretation Act 1999 Interpretation of documents Landlord Valid wills SN v MN [2017] NZCA 289 Interpretation Act 1999 Section 29 Testamentary freedom Immigration Twelve years Principal ''Best Endeavours'' Credit Contracts and Consumer Finance Act 2003 (CCCFA) Limitation period Due Diligence Wills Act 2007 Section 8 Protection Order Ministry of Social Development Residential Break up WINZ Offending Resident Visa Ilott v Mitson 2017 UKSC 17 Lankow v Rose Case Study Trusts Wilson v Donnellan Duress Broadbent v Ministry of Social Development Personal Commercial Law Division of Functions De facto Living standards Skilled migrant points Grey Power Lump sum Business Charity begins at home Acknowledgment of Debt Changes Gifts Gifting Partner of resident SMC Testamentary capacity Intellectual Property Trust Confidentiality Limitation Act 2010 Charities Fair share Asset Protection Skilled migrant Will that do Financial Advisers Act 2008 Limitation Act 1950 Employment Trustee Duties Legislation update Resident Re Estate of Campbell Tamarapa v Byerley Wills Act 2007 Domestic violence Estate Administration Health and Safety Reform Bill Anti-money laundering (AML) Wills Act 2007 Section 11 Invalid wills Income Violence Trust busting Creating Trusts Section 15A Testamentary Promises Deceased's wishes Directors' Duties Rest Home Subsidies Mortgage Section 182 Family Proceedings Act 1980 Recovery of money Contract and Commercial Law Act 2017 Undue influence Verbal abuse Lease Titles Property Compensation Financial products Document Disclosure Loss of income Erceg v Erceg Clayton case Executors duty Character requirements Terms of Trade Will Charity Beneficiary Rights Protector Trusts Bill Privacy Act 1993 Murrell v Hamilton Validity of Wills Consumer credit contracts Fair Trading Act 1986 Company Law Visa application Zero Hour Contracts Trust Check Up Civil union Financial services provider (FSP)

Archive