Law and Policy in Modern Family Finance

This book addresses key questions about the division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. The book adopts a conceptual approach to property division, using New Zealand’s current law as a basis for critical analysis and drawing on international and comparative perspectives.
Editor(s):
Jessica Palmer, Nicola Peart, Margaret Briggs, Mark Henaghan
boek | verwacht | 1e editie
december 2017 | xxvi + 420 blz.

Hardback
€ 83,-


ISBN 9781780684642

Inhoud

Law and Policy in Modern Family Finance – Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.

The authors use New Zealand’s current legislative framework as a basis for critical analysis and reflection. Despite New Zealand’s Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society’s needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.

The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.

Hoofdstukken

Table of contents and preliminary pages (p. 0)

Chapter 1. Introduction (p. 1)

Part I. Who Should be Covered by a Property Sharing Regime?

Chapter 2. Reconsidering Family Property Law in the Post-Marital Age (p. 11)

Chapter 3. Which Relationships Should be Included in the Property Sharing Scheme? (p. 37)

Chapter 4. Children's Interests in Division of Property on Relationship Breakdown (p. 65)

Chapter 5. Family Finances on Death of a Spouse or Partner (p. 95)

Chapter 6. A Lament for 'Testator's Family Maintenance' - A Good Idea Gone Wrong? (p. 125)

Part II. What Property Should be Covered by a Property Sharing Regime?

Chapter 7. Classifying Relationship Property - A Radical Re-Shaping? (p. 149)

Chapter 8. What to Do About Trusts? (p. 177)

Chapter 9. Should Indigenous Property be Relationship Property? (p. 203)

Chapter 10. Valuation of Relationship Property: An Evaluation of Practice and Procedure (p. 229)

Part III. How Should Property be Shared at the End of a Relationship?

Chapter 11. Should the Regime be Discretionary or Rules-Based? (p. 257)

Chapter 12. Sharing Family Finances at the End of a Relationship (p. 293)

Chapter 13. Shoudl a Property Sharing Regime be Mandatory or Optional? (p. 329)

Chapter 14. Contracting Out of the Default Relationship Property Regime - Comparative Observations (p. 357)

Chapter 15. Maintenance - Time for a Clean Break? (p. 393)

Index (p. 415)