29 Sept 2017
M v H [2017] NZHC 2385
- Citation
- [2017] NZFLR 751
- Court
- High Court
The Deed was not made in contemplation of marriage for s21(1) MPA purposes (narrow test applied), but it is a pre-1 August 2001 de facto partners' agreement to which s21P/21R apply and therefore survived the parties' subsequent marriage; on construction of the Deed and the factual matrix, the contested bank accounts are Mr H's separate property as business income/profits under clause 1 of Schedule B.
- Contracting out of relationship property regime
- Contemplation of marriage
- Survival of pre-marriage/de facto agreements on marriage
- Classification of relationship vs separate property
- Contractual interpretation