31 Oct 2019
A v C [2019] NZHC 2814
- Citation
- [2019] NZHC 2814
- Court
- High Court
Clauses 2.3 and 2.4 of the First Agreement operated to contract out of s9A(1) and s9A(2) of the Property (Relationships) Act 1976; the Family Court did not err in that finding. However the Family Court erred in its interpretation of s9A(1) to the extent it dismissed as a matter of law that retained earnings/underpaid remuneration could amount to an application of relationship property; the High Court allowed the appeal on the classification point and remitted the matter for the Family Court to assess whether retained earnings should be classified as relationship property and whether giving ef…