This book is only available in PDF format 
Published: 18 October, 2004
Pages: 87

Introduction

The law governing property rights of spouses and de facto partners was changed radically when the Property (Relationships) Act was adopted in 2001. Now, over two years into the Act’s operation, we are beginning to see the extent of the changes and the impact that they can have on the way spouses and partners arrange their property rights.

The purpose of this seminar is to deal with the implications of the Property (Relationships) Act on property structures in which one or both parties to a marriage or de facto relationship may have an interest. It will quickly become apparent that the PRA has made significant changes and that property lawyers should keep a close eye on this Act when advising clients.

The impact of the PRA is not confined to the provisions of the Act. Its philosophy is influencing other remedies as well. For example, the Courts have on several occasions ignored trusts because they were a sham or an alter ego of one or both of the parties to the relationship. The PRA is like an octopus with tentacles latching on to property hitherto thought to be safe from capture.

After a brief overview of the major changes made by the PRA, this seminar will focus on the effectiveness of dispositions to trusts and companies, the importance and security of contracting out agreements and issues involving estate planning and administration.

Authors

Author(s): Nicola Peart, Brendan McConnell