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Section 21 Agreements - crystal ball gazing? 2019 - Online CPD

NZ $175.00
Jennie Hawker 2019 Simon Jefferson QC 2019
Jennie Hawker
Partner, Wynyard Wood
Simon Jefferson QC
Trinity Chambers

Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $125 - NZLS members and Associate members
  • $175 - 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

Presentation time: 120 minutes

Section 21 agreements are common place and often require a large degree of input, knowledge and “crystal ball gazing” on the part of practitioners who want to ensure that the agreements withstand the test of time. This presentation is intended not only to update practitioners on the recent case law but to also consider and address the “grey areas” we all encounter when drafting living agreements (s 21) and settlement agreements (s 21A). It will additionally include reference to the Law Commission and its commentary on these agreements.

This module will include:

  • An outline of the different types of s 21 agreements, including the key differences between 21 & 21A agreements
  • A discussion of the formalities in a contracting out agreement; including s 21F, consequences of failure to comply, and touching on s 21H (validation of agreements)
  • A review of your duty of care; to your own client and the other party
  • Advice for acting for overseas clients; certifying via Skype and a discussion on "forum shopping"
  • A discussion on setting aside agreements under s 21J, additional contractual remedies, and the issue of multiple agreements
  • Practical tips for drafting agreements and some of the common pitfalls to avoid.

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

Learning objectives

By completing this module you will gain:

  • Greater knowledge on issues to consider when drafting s 21 agreements and settlement agreements under s 21A.
  • Practical advice on how to apply this knowledge when advising your clients.

Electronic paper 

Authors: Jennie Hawker, Simon Jefferson QC
Published: 16 April 2019
Pages: 35


As the nature of family life changes, more and more people wish to enter into agreements contracting out of all or some of the equal sharing provisions of the Property (Relationships) Act 1976 (PRA). Socio-economic changes mean that more people will marry for a second time, women are returning to the workforce after having children, more men are becoming primary caregivers of children, and de facto and same sex relationships are increasingly common. There is no longer a traditional norm, and a one size fits all regime is no longer appropriate. As such the contracting out provisions of the PRA have become more relevant for more people.

PowerPoint Presentation

These are the slides included in the presentation.

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