Have you and your partner entered into a Relationship Property Agreement? You might be surprised to find that your separate property may not be as secure from your partner as you think. In a recent High Court case, the Court concluded that a Relationship Property Agreement does not protect one’s assets from a Family Protection…
The Property (Relationships) Act 1976 applies to couples whether they are in a marriage, de facto or civil union relationship. The purpose of the Act is to recognise the equal contribution of both people to a relationship and to provide for just division of property where a relationship ends by separation or death. If you…
Making the decision to live with your partner is an exciting time. It is a big step, but also requires some legal foresight. The law in New Zealand creates a legal duty between boyfriends/girlfriends/partners who are in “de facto” relationships. A de facto relationship is where two people live together similar to a married couple….
Covid-19 has the world focussed on our physical health, with good reason. During this time of uncertainty, we also should be thinking about our “legal health”. A quick check you can do from the comfort of your own home, is to ask yourself: Do you have a Will? If so, is it still relevant and…
Often, we think of the elderly when considering putting enduring powers of attorney in place – but the reality is that everyone should have one. Having an EPA means you choose upfront who you would like to make decisions on your behalf if you are no longer able to make them for yourself due to…
The Property (Relationships) Act 1976 is the law that applies to the division of property when a relationship ends, by separation or death. This Act is under review and the Law Commission has recommended to the Ministry of Justice that changes are needed, and has submitted a report containing over 140 recommendations to the Ministry…
The death of a loved one is a stressful time for families and sorting out the legal aspects can be a daunting task for those left behind. The first step is to ascertain whether the deceased had a will. If the answer is yes, the executors and trustees (with assistance from the Estate Solicitors) need…
This year we have seen a number of changes in the law, with both the Land Transfer Act 2017 and the Overseas Investment Amendment Act 2018 coming in to force, and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 rules applying to lawyers, accountants and real estate agents. By all accounts, it…
Student loans are often forgotten when couples think about relationship property and relationship debt. Personal debt will usually remain with the person that incurred the debt, while relationship debt is divided equally (if you have been together for 3 years or more). The treatment of a student loan should be considered before entering into a…