In 2001 Parliament enacted some far-reaching amendments to the Property (Relationships) Act aimed at bolstering the equal sharing regime and removing obstacles to equality to secure an equitable outcome for spouses and partners. However, the changes made to s 9A — the provision that enables...

Property disputes between de facto partners have been the focus of much attention in England, Australia, Canada and New Zealand. In this paper, the author compares the approaches adopted in each of these countries for dealing with such disputes. The author concludes that English courts have...

This article explains the concepts applying to property transfer on death under the New Zealand Property (Relationships) Act 1976. The authors discuss the relevant provisions of the Act, along with the tensions underlying the Act, such as that between the desire of executors and administrators...

The New Zealand Family Protection Act 1955 asks the courts to decide whether a will-maker has made “adequate provision…for the proper maintenance and support” of their adult child. The courts, applying these words, determine the extent to which conventional social values are applied by law...

This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision in detail, and concludes that it reveals a disturbing level confusion...

This chapter analyses the right of spouses and de facto partners to contract out of the property sharing regime established by the Property (Relationships) Act 1976 (PRA) and focuses in particular on the changes introduced in 2001 to make it more difficult to set aside such agreements. The...

Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of relationship assets available for division. Nevertheless,...

This paper addresses the lack of equality in relationship property appeals in the New Zealand Court of Appeal. The authors consider the historical development of legislative and common law relationship property appeals in New Zealand and find that a consistent theme in both marital and...

On death there is an inevitable tension in succession law between property and family, between testamentary freedom and the deceased's duty to provide for family members. This paper considers the relationship property rights of a surviving spouse (or partner) in common law jurisdictions. The...

The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the division of property between their parents and, if so, how those...