If you’re thinking of separating, you will likely have questions and concerns. What will happen with your home and your children if you separate? Should you move out? And what are the next steps to take? How will your business ownership be impacted by your separation? Jeremy can explain your rights, responsibilities and options in separation.
Jeremy is known for his pragmatic approach in divorce negotiations. No matter the complexity, he ensures that you and your partner reach a strong resolution. Jeremy represents his clients personally at roundtable meetings and in mediation.
Trust Busting: K v K is a 2022 High Court decision illustrating how trust assets can still be divided by the Court between separating spouses
A curious case before the Court Of Appeal has seen a Christchurch engineer fail to get half the sale proceeds of his ex-wife’s veterinary clinic. Kirsten and Shaune Wylie started living together in 2005 and married in March 2008. Their marrage lasted seven years. They both had assets and business interests of their own and had signed an agreement contracting out of the Property (Relationships) Act 1976.
Jeremy joined Simon Barnett & James Daniels on Newstalk ZB to explain “pre-nups” and what it means to contract out of the Property (Relationships) Act 1976. Listen to the full interview here.
This article is an overview of a recent case where the Court needed to determine whether the property was transferred to a Trust to defeat a claim unser s 44 of the Property (Relationships) Act 1976
Section 15 of the Property (Relationships) Act 1976 was enacted to provide courts with a power to redress economic disparity between partners after the breakdown of a relationship. The section allows the Court to compensate a partner from the pool of relationship when the disparity is caused by the division of functions during the relationship.
However, the section has been difficult to apply. It can be more costly than beneficial for applicants, especially when the potential award of compensation is small. This has been demonstrated in the recent decision of the High Court in G v G [2020] NZHC 1001. Walker J noted that the application of s 15 has been bedevilled by the wording “because of the effects of the division of functions”.
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