Package includes:

Online CPD Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $205 - NZLS members and Associate members
• $255 - 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.

Online CPD Module

Agreements under s 21 of the Property (Relationships) Act 1976 are commonplace. They require a far greater degree of input, knowledge and “crystal ball gazing” on the part of practitioners who want to ensure that the agreement withstands the test of time.

This seminar considers and reflects on the interface between the provisions of the Property (Relationships) Act 1976 and the growing trend in equitable remedies. The presenters will consider the recent case law on these issues with a focus on how this may effect the drafting of agreements under ss 21 and 21A.

The presenters will also consider:

• vulnerability to challenge
• formalities in a contracting out agreement
• young couples seeking to contract out – what to “ring fence”
• how to address interests in trusts
• the impact of s 15 and contracting out – what effect will this have given the test of time
• issues as to jurisdiction
• enforcing agreements
• bankruptcy
• licence to occupy

• A must for all family and property lawyers.

Learning objectives

After completing this module you will be:

• Informed on the general and less agreeable issues to consider when drafting s 21 agreements and settlement agreements under s 21A.
• Updated on the recent case law including decisions with respect to equitable remedies and how to address those in a contracting out context.
• Able to apply this knowledge when advising clients.

Please contact us if you use a dial up internet connection.

Booklet

Introduction

Family Court Judge Burns noted in a paper in 2002¹ that when he was at law school he was told that the definition of a marriage was “a union of one man and one woman to the exclusion of all others, for life”.

Times have changed and more and more people wish to enter into marriage agreements contracting out of all or some of the equal sharing provisions of the Property (Relationships) Act 1976 (the Act). Socio-economic changes mean that more people will marry for a second time, women are returning to the workforce after having children, women are in higher paid jobs and the extension of the Act now includes de facto couples. There is no longer a traditional norm. A “one size fits all” regime is not appropriate. As such, the contracting out provisions of the Act have become more relevant for more people.

_____________________________
¹ Auckland District Law Society – CLE Contracting-Out Agreements and The Property (Relationships) Act Burns, McCarthy, Pendleton, 8 October 2002.

PowerPoint Presentation