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21ISMAR1E

Section 21 Agreements - grey areas? 2021 - Online CPD

NZ $195.00
Publications
Jennie Hawker Simon Jefferson QC
Jennie Hawker
Partner, Haigh Lyon
Auckland
Simon Jefferson QC
Trinity Chambers
Auckland

Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $145 - NZLS members and Associate members
  • $195 - 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
2
CPD HRS

Section 21 agreements continue to be common place and often require a substantial 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 seminar is intended not only to update lawyers 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).

This seminar will include:

  • An outline of the different types of s 21 agreements, and circumstances in which they might apply
  • A discussion of the formalities; including s 21F, consequences of a 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, “meaningless” clauses, 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 be able to:

  • 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: 25 March 2021
Pages: 36

Introduction

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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