It’s not just the house: intellectual property in the context of separation
The Supreme Court has confirmed that copyright in artworks created during a marriage is relationship property under the Property (Relationships) Act 1976 (PRA). The decision in Alalääkkölä v Palmer [2025] NZSC 9 sets a precedent for how courts should approach the division of intellectual property in relationship property disputes. The Dispute Over Copyright The case involved artist […]
New Law to Stop Abusive Use of Court processes in family proceedings
Some people misuse the court system not to solve real disputes, but as a tactic to harass, control, or intimidate others. This is called litigation abuse. It can include filing relentless legal documents, making false claims or allegations against another party, or dragging out cases to maintain control, often over a former partner. This is […]
Fast-track dissolution for family violence survivors: key changes and challenges
The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 allows people with a final protection order against their spouse to dissolve a marriage or civil union without waiting for the usual two-year separation period before applying. The change aims to provide a faster and safer relationship exit for victims of family […]
Clear instructions are vital – Ensure Will instructions are accurately recorded
The recent case of Public Trust v Fairbairn [2023] NZHC 2605 (“Fairbairn”) demonstrates how important it is to provide clear instructions for your Will, and for those instructions to be recorded clearly. Bruce Henry Sullivan (“the Deceased”) passed away on 14 July 2022. The Deceased had no partner or children, but had three siblings who […]
Succession Law changes considered by Parliament
The Government has recently provided its initial response to the New Zealand Law Commission (“the Commission”)’s recommendations to reform succession laws in New Zealand. Late last year, the Commission completed its comprehensive review of the current piecemeal laws which determine what happens to a person’s property when they die. The Commission has recommended significant changes […]
Investments, Gifts And Business Interests
What impact does separation have on my or our business interests? Separation can impact your business interests. For example, if you have shares in a company that you have acquired during your relationship, your ex-partner is presumed to have an equal entitlement to them when you separate. This applies even though your ex-partner may have […]
Our home, and other property
Who will remain in the family home? Separation has a range of practical consequences, one of which is significant change to your living arrangements. Couples often remain living together right up until they formally separate. Then what? You will have to decide who keeps the home in the long term when deciding how to divide […]
Ford Sumner incorporates Khandallah Law
Ford Sumner is delighted to announce that as of 5 February 2024, Khandallah Law has been incorporated into Ford Sumner. We are excited to be welcoming Joanne Cheer to the team, an experienced and highly regarded lawyer who will work alongside our team of great lawyers to strengthen our private client, family law and relationship property service […]