Application for order of sale of home — children living in home — Australian superannuation — foreign immovable property — Property (Relationships) Act 1976 — Smaal v Boersma [1992] 9 NZFLR 187 — Superannuation Industry (Supervision) Regulations 1994, regs 6.01(5) & 6.19. The applicant sought an order for the sale of the family home. The respondent had been living in it with the parties' two children for around two years. The respondent submitted that instead of selling the family home, the applicant should be awarded his share of the property from the Australian superannuation schemes that each party held and were still to be divided. The applicant said this was not fair as he would not be able to access the money for 10 years. He also argued it was immovable foreign property and so could not be the subject of a relationship property division in a New Zealand family court. Based on case law and Australian legislation the Judge agreed with the applicant. The parties would have to divide their superannuation schemes in an Australian Court. The Judge struggled with the competing interests of the children living in the family home and the applicant's right to access the property he was entitled to. In the end, the Judge found in favour of the applicant and made an order for sale. However, instead of ordering the house be marketed for sale within 7 days of the hearing, a time period of 56 days was allowed. Judgment Date: 1 May 2019. * * * Note: names have been changed to comply with legal requirements. * * *