Contracting Out Agreements are commonly used to protect assets during a relationship, but they can also be powerful estate-planning tools. Contracting Out Agreements (often referred to as prenuptial agreements) are often viewed quite negatively. They can be seen as having one foot out of the door in a relationship. However, Contracting Out Agreements can be …
Contracting Out Agreements – A valuable estate planning tool Read More »
What is a testamentary guardian? A testamentary guardian is a person appointed by Will or Deed to help make important decisions about a child’s upbringing after a parent’s death. By appointing a testamentary guardian you are not appointing somebody to care for your child if you die. That is something quite different and cannot be …
The death of a loved one is never easy. There are all manner of things that need to be organised when your significant other dies, such as their funeral, as well as saying goodbye and grieving. The process can become even more complicated when issues regarding their estate and relationship property arise. It is not …
What happens when your partner passes away and you are not provided for in their Will? Read More »
On 7 December 2022, the High Court heard urgent arguments regarding a six month old baby (“Baby W”) who was in Starship Hospital and required heart surgery. The parents of Baby W were not consenting to the use of blood from people who had been vaccinated for COVID-19 in Baby W’s surgery, which required the …
Provisions in the Residential Tenancies Act 1986 (“Act”) that enable victims of family violence to leave a tenancy at short notice are in force and can be used, with the corresponding regulations coming into force on 29 December 2022. On 11 August 2021, changes to the Residential Tenancies Act 1986 took effect. These changes included …
Ending a tenancy on short notice where family violence has occurred Read More »
It is important to have Enduring Powers of Attorney (“EPOAs”) in place so that if an unexpected medical event happens the right people can look after you. If you lose your mental capacity and do not have EPOAs in place, it can be a costly, time-consuming and stressful process for your loved ones to legally …
The difference between Enduring Powers of Attorney and PPPR Act orders Read More »
Separation can be a difficult process. Not only are there a lot of emotions involved, but there are likely to be assets that are owned jointly, or separately but which have been used by both parties during the relationship. Working out who gets to keep what can be straightforward in some cases, but often the …
Relationship Property: if we split, who gets the family dog? Read More »
Family violence is incredibly common throughout the world, but Aotearoa New Zealand has a particular problem with high levels of family violence occurring. With the stress that the COVID-19 pandemic has added, it has been reported that family violence levels are at an all time high. One way of seeking protection from family violence is …
The Family Court (Family Court Associates) Legislation Bill (Bill) has recently been introduced to deal with the significant backlogs in the Family Court. Part of the reason for Family Court delays is the high workload of Judges, as well as the impact of Covid on staffing levels. The Bill creates a new role in the …
On 9 December 2021, the Births, Deaths, Marriages, and Relationship Registration Bill (“Bill”) was unanimously passed by Parliament. This Bill means that those who do not identify with the sex assigned to them at birth are able to correct this themselves far more easily. Self identification of sex process Currently, the process for changing the …
