district court logo

Maralyn Vann v Johnathan Fay [2016] NZFC 1676

Published 31 July 2016

Property (Relationships) Act 1976 — s 13 — division of relationship property — de facto relationship — extraordinary circumstances. In this application under the Property (Relationships) Act 1976 for division of relationship property following the end of a de facto relationship, the Judge found that extraordinary circumstances meant equal division of property and money would be repugnant to justice. Accordingly, division was made which reflected the contribution of both parties to the relationship. The facts which lead to the result were a gross disparity in contribution, notably financial, between the parties, and the relatively short duration of the relationship. The relationship was four years and two months long and although not of “short duration” under the Property (Relationships) Act 1976, was not significantly more. The Judge applying s 13 of the Property (Relationships) Act 1976 divided the relationship property 65 and 35 percent between the parties. **Note: names have been changed to comply with legal requirements.