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


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