The Court of Appeal has recently upheld a High Court decision which confirmed that the avoidance of a relationship property agreement intended to defeat creditors’ rights cannot improve the position of creditors only to preserve it. This case was very interesting to the extent that the offending provision of the […] Read More›
Family & Relationship Property
We increasingly find a move towards simplification of legal documentation which has its merits in many situations but also has potential disadvantages. Often the desire is driven by the client due to a perception that this will save them money and/or because the parties do not wish to deal with […] Read More›
The Court of Appeal has recently determined that a significant payment made to the director of a company in consideration of a very restrictive restraint of trade can be separate property in a relationship property dispute. In the case of Thompson v Thompson CA701/2013 and CA 711/2013 [2014] NZCA 117 […] Read More›
You may not have given any thought to dividing your property after your spouse or de facto partner dies, but you need to be aware that under the Property(Relationships) Act 1976 (“the Act”) as a surviving spouse or de facto partner you have a choice between two options for division […] Read More›