Court of Appeal Wellington
27 September 1983
Cooke, Somers and Bisson JJ
27 September 1983
Cooke, Somers and Bisson JJ
Matrimonial property — Agreement — Wife left matrimonial home for a trial separation — Before wife left, the parties signed an agreement that was expressed to be a full and final settlement of matrimonial property — Under the agreement wife received nothing from the business the husband had started during the marriage — Her share of the matrimonial property (with the business included) amounted to 20% — Husband later decided that the separation should be permanent — Whether it was unjust to give effect to the agreement — Whether there were any grounds for interfering with trial Judge's exercise of discretion to set the agreement aside — Matrimonial Property Act 1976, s 21.
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