Sloss v Sloss - [1989] 3 NZLR 31

Husband and wife — Matrimonial property — Separate property — Marriage of short duration — During marriage husband acquired commercial building in his name using cash from his separate property and finance advanced by wife's uncle on representation that the building would be matrimonial property — High Court held that the building was matrimonial property and that wife was entitled to 20% - Whether the building was acquired for common use and benefit of both parties — Whether the building was matrimonial property — Whether husband's case contribution remained his separate property — Whether wife was entitled to 20% of building — Matrimonial Property Act 1976, ss 8, 9 10 and 18.

Husband and wife — Matrimonial property — Pre-marriage agreement — Before marriage husband and wife signed agreement which provided that property acquired with a spouse's separate property would be separate property notwithstanding that it was acquired for common use and benefit of the parties — Commercial building was acquired by husband with financial assistance from wife's uncle on representation that the building would be matrimonial property — Whether agreement had become unfair — Whether it would be unjust to give effect to agreement — Whether agreement could be voided in part — Whether declaration that agreement was void could be made subject to conditions — Matrimonial Property Act 1976, ss 21 and 33.