Sharing after divorce

Press, Volume CXV, Issue 33965, 4 October 1975, Page 2

Sharing after divorce

(N.Z. Press Association? WELLINGTON, October 3. Legislation allowing wives equal rights to matrimonial property on the break-up of a marriage was introduced in Parliament today.

Introducing the Matrimonial Property Bill, the Minister of Justice (Dr Finlay) called it “a major step forward in social reform.”

It was ‘‘only just” that that there should be a fair distribution of assets if a marriage should break down. The bill applies only during the joint lifetime of the husband and wife, and divides matrimonial property into two classes — domestic assets and general assets. Under the bill, domestic assets, which include the family home and family

chattels, would be shared equally between the two partners, except under certain specific circumstances. General assets covers all other matrimonial property, and under the bill would be shared on agreement between the two partners, or, if no agreement were reached, on a basis of the contribution of each partner. Dr Finlay emphasised that the term “contribution” was not restricted to money, but would take into account that marriage was “a partnership of equals.” Dr Finlay said the bill would give a wife a share of matrimonial property “as of right.” The home, family chattels, and anything which had been acquired after the marriage, apart from such things as inheritances, would be divided equally. Dr Finlay said the share of one spouse in the family property would not be available to pay off debts which had been accrued personally by the other spouse, but the joint property could be used to pay off joint debts. Couples would be able to contract out of the act’s provisions if they wanted to, but to avoid a situation where one spouse “bargained away” his or her rights to the property such a contracting out would have to be witnessed by a lawyer, who would-have to sign a declaration that he had fully explained the implica-

tions of the step to the couple. De facto relationships which have lasted,for more than two years are recognised under the act, which allows the partners in a de facto relationship to make agreements on the sharing of property, and allows either partner in such a relationship to make an application to the courts for their relationship to be treated for the sharing of property. Defining “contribution,” the bill says the definition is “very wide ranging,” but includes such things as the prudent management of a household, the care of children, the forgoing of a higher standard of living, and the giving of assistance and support — not necessarily of a material kind.