When Family Trusts Meet Family Protection Claims
Many New Zealanders establish family trusts as part of their estate planning, often with the understanding that these structures will provide certainty about how their assets will be distributed after death. However, a developing area of law suggests that trust arrangements may not always prevent successful claims under the Family Protection Act. Understanding the Family […]
Who keeps the bling
If an engaged couple separate before being in a qualifying de facto relationship pursuant to the Property (Relationships) Act 1976 (PRA), that is living together in the nature of marriage, the Domestic Actions Act 1975 (Domestic Actions Act) allows the court to “restore each party…as closely as practicable to the position that party would have […]
You’re separating. Now what?
When you’re going through a separation, it’s difficult to know where to start. Often, couples have been together for a significant period, and it’s hard to know how to start unravelling their joint lives. The process can be overwhelming, but there are a number of things you can do to make it easier. Here are […]
Collaborative law – Stop, Collaborate and Listen
Collaborative law Recently four lawyers from our Relationships Team completed the training to be recognised collaborative professionals, enabling us to assist our clients through the Collaborative dispute resolution process. We are excited about having this additional means of resolving disputes for our clients, particularly where preservation of a good relationship between you and your former […]
When separation beats trust protection.
The qualifying period is usually three years but it can be much less depending on certain circumstances. Many people also believe that having their assets in a trust before or during the relationship will protect those assets and they will not be included in the division. This is wrong. Whilst having your assets in a […]
Medical decisions for children
The starting point Parents or guardians typically have the responsibility to decide, or help children decide, on important matters affecting their child. One important matter for guardians to determine is non-routine medical treatment for children. Routine treatments, like treating a cold or rash, can usually be decided by the caregiving parent alone. However, more serious […]