Court of Appeal Wellington
16 March; 18 April 1984
McMullin, Somers and Hardie Boys JJ
16 March; 18 April 1984
McMullin, Somers and Hardie Boys JJ
Matrimonial property — Separation agreement — Setting aside — In 1973, after 18 years of marriage, parties entered into a separation agreement which gave husband ownership of the matrimonial home and chattels and custody of the children — Wife had been in a hurry to end the marriage and had declined independent legal advice — In 1979 wife applied for an order setting aside those parts of the agreement which related to the settlement of property — In the High Court the Judge set aside the property settlement on the ground that it was an unconscionable bargain — Whether property settlement should have been set aside.
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