20 Dec 2013
HERBST v HERBST [2013] NZHC 3535
- Citation
- [2013] NZHC 3535
- Court
- High Court
The transfer of the Careen Grove property by the husband to the Herbst Family Trust was a disposition under s44 made to defeat the wife's claims; the South African antenuptial agreement did not exclude application of the Act because it post‑dated the commencement of the de facto relationship and did not specify applicable law for foreign immovables; funds in joint New Zealand accounts were relationship property; the sons' mortgage was a sham; the Family Court had jurisdiction to order relief affecting Auld Street (replacement family home) by tracing the disposition into the substituted family…