relationship property

This tag is associated with 4 posts

Capacity to pay

The Court of Appeal decision in Biggs v Biggs highlights the cost of litigation, whether on the side of the angels or otherwise. In this case the wife has incurred costs to date in excess of $1 million, which her evidence is, that she cannot pay. The husband’s costs are half that of the wife. … Continue reading

Time to let go

Settling a trust together seems to be the obvious next step for so many couples.  Once upon a time it was monogrammed towels.  Now it’s seeing your name on a trust deed.  But when the going gets tough the reality is, dividing linen is much easier than dealing with a trust.  One of the reasons … Continue reading

The Trust Illusion

The recent High Court decision in Clayton v Clayton has been appealed and cross-appealed.  Leave has also been given for certain appeals to be made out of time. The appeal will be heard on 14 July 2014.  In the meantime, Mrs Clayton has served a bankruptcy notice on her former husband in respect of costs … Continue reading

How to lose control of trust assets in three easy steps

The recent case of Rabson v Gallagher provides an excellent example of how not to use trusts in the context of protecting property from a relationship partner. The first mistake made was to intermingle relationship property and trust property.  Where this happens any party should expect the court to ensure that the disaffected former partner is compensated.  It is entirely possible and permissible … Continue reading