26 Nov 2018
M v H [2018] NZCA 525
- Citation
- [2018] NZCA 525
- Court
- Court of Appeal
The Court held that the three term deposits were monies held on deposit in the respondent's sole name falling within clause 5 of schedule B and therefore constituted relationship property at the date of separation; the agreement was not a s21 contracting out agreement because it was not entered into in contemplation of marriage, but the agreement nevertheless survived the parties' later marriage by operation of ss21P and 21R of the Property (Relationships) Act 1976; accordingly the classification of the term deposits as relationship property was dispositive and the appeal was allowed.