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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $115 - Law Society members and Associate members
  • $149 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 60 minutes
1
CPD HR

When couples separate, or one dies, the Property (Relationships) Act 1976 (the PRA) is used to determine property matters for your clients. This module will address some of the key issues that can emerge when dividing assets under the PRA.

This module will include consideration of:

  • The rules for division of assets on separation
  • Contributions made to the purchase of the family home
  • The impact of the “bank of Mum & Dad” on division of assets
  • The sustenance and division of other assets
  • When to make an election and what factors to weigh up when assessing what election to make on death
  • Clients making their own agreements by contracting out of the PRA under s 21.

Learning objectives

By completing this module you will obtain:

  • Learn about the presumption of advancement and how this can be rebutted when considering the “bank of Mum and Dad”.
  • Learn about claims that can be made against separate property.
  • Be better informed about what division looks like on death and about compensation claims.
  • Be better able to advise your client on when and how to make an election.
  • Learn about when contracting out agreements are needed.

Electronic paper 

Author: Emily Flaszynski
Published: 21 August 2024
Pages: 29

Introduction

“All you need is love, da da da daah” sang the Beatles; people have been falling in love and out of love since the beginning of time. When a relationship ends, either through separation or death, the Property (Relationships) Act 1976 (PRA) is used to sort out property matters between partners.

This session will include an overview of the PRA touching on:

• the rules for division of assets on separation;
• contributions made to the purchase of the family home;
• the impact of the “bank of Mum & Dad” on division of assets;
• the sustenance and division of other assets;
• when to make an election and what factors to weigh up when assessing what election to make on death; and
• making your own agreement by contracting out of the PRA under s 21.

It will also cover steps to the separation process and how to “separate sensibly”. It will look at some tips for breaking the deadlock and moving parties towards resolution.

We will discuss the use of court – and whether to issue or not to issue, court proceedings.

All these matters should be kept in mind when advising clients on their options regarding the division of property.

PowerPoint Presentation

These are the slides included in the presentation.

FLASZYNSKI Emily    
Emily Flaszynski
Mortlock McCormack Law
Christchurch		    

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