Govt reviewing matrimonial property law

Press, 30 September 1983, Page 5

Govt reviewing matrimonial property law

PA Wellington The Government indicated last evening that it was reviewing matrimonial prperty legislation to ensure that children of broken marriages did not suffer a drop in housing standards.

The Minister of Housing, Mr Friedlander, declared himself opposed to the “premature” sale of family homes, ordered by the courts, when the interests of children were involved.

He said neither partner in a failed marriage should have the right simply to extract his or her share from the family home and turn away from the needs of dependent children. The Minister of Justice, Mr McLay, was “consider-

ing the options available to him to ensure that the courts do take this into account,” Mr Friedlander said.

When the assets of a marriage were split the partner who had custody of the children often had too little money to house them by buying out the other partner or by buying another property. The Minister, speaking to a masonry trades conference at Oamaru, said lawyers frequently advised their clients not to try to retain the use of the family home because the courts almost invariably ordered that it be sold and the proceeds divided. He was concerned to see that “when a custodial par-

ent seeks through the courts to retain the use of the family home, they have a reasonable chance of success.”

He said the present law allowed the courts to delay the sale of the family home, but they seldom exercised this discretion. This attitude of the courts to divide everything “down the middle” was now causing a serious housing problem that “must be rectified.” “Let me make it quite clear: I am not opposed to the principle of equal division of matrimonial assets on the dissolution of marriage,” Mr Friedlander said. “I am simply opposed to forced premature sale of homes when the interests of children are involved.”