By Surendra Bennett - 21 Feb 2019
Everyone loves a good romance story but what does it mean
when the relationship ends as quickly as it started? A marriage
which ends before its third anniversary is referred to
as a marriage of short duration. In New Zealand there are special
rules around division of assets for these short
relationships.
In such cases, there is only equal division if the contributions
to the relationship were equal. If the contribution of one spouse
to the marriage has clearly been disproportionately greater than
the contribution of the other spouse then there will be an unequal
division.
How that division is calculated is not straightforward. Various
things are taken into consideration when calculating a person's
contribution. This includes financial contribution, care of
children, running of the household and/or performance of work or
services.
Strangely, if a marriage of short duration is ended by one
spouse dying, it will be treated as if the marriage was over three
years' duration. The surviving partner would then be entitled to
claim for 50% of the relationship property unless that would be
unjust.
De facto relationships
De facto relationships of less than three years are treated
differently to marriages.
The courts will only intervene if they are satisfied there is a
child of the relationship or one partner has made a 'substantial
contribution' to the relationship. This is on the premise that if
the court didn't make an order, it would cause serious
injustice.
If you are separating or divorcing talk to us to get detailed
legal advice.
Contact
Surendra
Bennett