6 Oct 2020
LITTLE v LITTLE [2020] NZHC 2612
- Citation
- [2020] NZHC 2612
- Court
- High Court
The Court held the Marble Arch Trust settlements were nuptial (they were made with regard to the marriage and to provide continuing benefit to the family), and the Family Court may remedy the failure of the marriage premise under s182. However the Family Court erred in ordering equal sharing by resettlement on two parallel trusts because the presumption of equal sharing derived from the Property (Relationships) Act is irrelevant to s182. The matter is remitted to the Family Court to exercise its s182 discretion and determine an appropriate monetary remedy based on the increase in net value of…