28 Nov 2022
K v K [2022] NZHC 3123
- Citation
- [2022] NZFLR 624
- Court
- High Court
The Trust was a nuptial settlement whose assets were acquired and used for the family; dissolution produced a material disparity disadvantaging Mrs K. On balance of factors (children's interests, source and nature of assets, duration of relationship, need and provision of a home) the Court should exercise its s182 discretion to resettle and divide the trust assets to minimise the adverse consequences to Mrs K and, separately, remove Mr K as trustee under s112 because his continued role risked impasse and prejudice to beneficiaries and the proper administration of the trust.