31 Mar 2023
WL v AJ [2023] NZHC 703
- Citation
- [2023] NZHC 703
- Court
- High Court
The Agreement was void under s21F because the parties did not obtain the independent legal advice nor lawyer witnessing/certification required; s21H could not validate the Agreement because non‑compliance materially prejudiced AJ given her vulnerability and the substantive effect of the Agreement; even if valid it would have been set aside under s21J for serious injustice as the Agreement became unreasonable over time; accordingly the family home and other relationship property are to be divided equally under the PRA and AJ's claim for occupation rent and WL's constructive trust/knowing recei…