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

Are You Entitled To Value From Your (Soon-to-Be) Ex-Spouse's or Ex-Partner's Trust?

Monday, March 13, 2017

What happens if your relationship ends and your spouse/partner has previously settled property in a trust?  If the trust is valid, and there have been no dispositions to which the Property (Relationships) Act 1976 applies, there are two ways you may make a claim against that property. Read more

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