Court of Appeal Wellington
25, 26 June; 14 August 1986
McMullin, Somers and Casey JJ
25, 26 June; 14 August 1986
McMullin, Somers and Casey JJ
Matrimonial property — Separate property — Increase in value of separate property "attributable wholly or in part" to the actions of the other spouse — Whether, if the increase is due in part to the actions of the other spouse, the entire increase becomes matrimonial property — Matrimonial Property Act 1976, s 9(3).
Matrimonial property — Agreement under s 21 — After reconciliation following a short separation, husband and wife entered into an agreement settling their matrimonial property interests — When the parties finally separated five years later, wife sought to set agreement aside — Whether agreement related to future-acquired property — Whether it would be unjust to give effect to the agreement — Matrimonial Property Act 1976, s 21.
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