The Ex-Files: Can we still divide our property from separate countries?

Q: My partner and I separated about 18 months ago after 15 years together. During our relationship we lived in both New Zealand and Australia. We have homes in both countries. I am livingin our home in New Zealand which is in my sole name. He is living in the Australian property which is in our joint names. He is trying to return to New Zealand but is unable to get a spot in MIQ. Our lawyers have sent a lot of emails back and forth but with little progress. I want to resolve this quickly. Do I need to wait until he returns to New Zealand or is there something we can do before that to get a resolution?

One of the issues we are struggling to agree on is what to do with investments in a private company that may be listed on the NZX next year. He wants to keep the shares for our children. I am not sure if we can value the company because it is not yet listed on the stock exchange. Should we wait?

Answer: As you have been together for more than three years, your relationship property will be divided according to the rules of the Relationship (Property) Act. The normal position is that the family home, the family chattels and other items are to be divided on a 50/50 basis.

Continue reading this article on the NZ Herald.

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