CODR Articles

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Buy out: Selling Property after Separating

Can you still keep, or get rid of, your family home or investment properties after you separate? Of course!   What is a "Buy Out"? A mortgage buyout is one solution if you and your partner separate but still have mortgage obligations and one partner wants to keep the...

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Cost of a Separation Agreement

The cost of getting a Separation Agreement (or Contracting Out Agreement for that matter) is not expensive. Certainly, it is less expensive than going to the Family Court for an order to divide up your relationship property. If you are in a de facto relationship, you...

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Challenging trust property owned by one partner

What are trusts and how do they apply to relationship property? Firstly, even if you established the Trust, but your partner contributed to the assets, the Trust will not necessarily be separate property. This is true even if a third party established the Trust. To...

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Relationship Property Overseas: How the law applies to you

It is becoming increasingly more common for long distance relationships to be the norm where partners may be based overseas. Consequently, many have assets overseas, and may be curious as to how the law handles the division of relationship property. To begin, you...

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Contracting Out Agreements: 10 things you must know

It is becoming increasingly more common for long distance relationships to be the norm where partners may be based overseas. Consequently, many have assets overseas, and may be curious as to how the law handles the division of relationship property. To begin, you...

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Prenup agreement: when or should you get one?

The Property Relationships Act (the ‘Act’) allows couples to "opt out" of the "normal rules". These rules detail how the Family Court might divvy up your shared relationship property. Do this through a contracting out agreement. By making an agreement, you and your...

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4 Tips to Avoid Construction Disputes

Introduction: the Separation Agreement If you are separating out of a marriage or de-facto relationship, or getting a divorce, you should consider getting a separation agreement.  Other than Court, it is the only valid way of dividing relationship property once a...

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DIY Relationship Property Disputes

Construction in New Zealand appears to be at an all-time high. This will no doubt have welcome consequences for increased infrastructure, but it can also mean increased construction disputes with little time to resolve them given project management timelines. Although...

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Even a seemingly straight-forward dispute can often have many dimensions that reveal themselves once the resolution procedure begins. If you are interested in finding out more, please make an enquiry, or call 0800 CODR 00.