Court of Appeal Wellington
19, 20, 21 November; 20 December 1996
Richardson P, Gault, Henry, Thomas, Keith, Blanchard and Barker JJ
19, 20, 21 November; 20 December 1996
Richardson P, Gault, Henry, Thomas, Keith, Blanchard and Barker JJ
Family and domestic relationships — Matrimonial property — Balance of matrimonial property — Earning capacity of husband enhanced during marriage by qualifications and promotion — Whether earning capacity and future earnings "property" under Matrimonial Property Act 1976 — Whether property "acquired" under s 9(4) of Matrimonial Property Act 1976 includes property to be acquired in the future — Matrimonial Property Act 1976, ss 2, 8 and 9(4).
Family and domestic relationships — Matrimonial property — Balance of matrimonial property — Partnership — Husband entitled to retirement benefit from partnership — Whether partnership and retirement benefit "matrimonial property" — Whether retirement benefit a "superannuation scheme" — Matrimonial Property Act 1976, ss 2, 8(e) and (i).
Family and domestic relationships — Matrimonial property — Valuation of property — Partnership — Husband not required to pay for goodwill on entering or leaving partnership — Interest in partnership not able to be sold — Whether partnership interest can be valued — Factors relevant to valuation — Matrimonial Property Act 1976.
Family and domestic relationships — Husband and wife — Maintenance — Liability of spouse after marriage of long duration — Disproportionate earning capacity — Whether maintenance available for lengthy or indefinite period — Special circumstances for taking into account standard of living of common household — Family Proceedings Act 1980, ss 64 and 65.
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