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StatuteProperty (Relationships) Act 1976

Section 14 — Property (Relationships) Act 1976: Marriages of short duration

Text of the provision Official document

14 Marriages of short duration (1) This section applies if a marriage is a relationship of short duration (as defined in section 2E ). (2) If this section applies, sections 11(1)(a) , 11(1)(b) , 11A , 11B , and 12 do not apply— (a) to any asset owned wholly or substantially by 1 spouse at the date on which the marriage began; or (b) to any asset that has come to 1 spouse, after the date on which the marriage began,— (i) by succession; or (ii) by survivorship; or (iii) as the beneficiary under a trust; or (iv) by gift from a third person; or (c) where the contribution of 1 spouse to the marriage has clearly been disproportionately greater than the contribution of the other spouse. (3) In every case to which subsection (2) applies,— (a) the share of each spouse in the relationship property is to be determined in accordance with the contribution of each spouse to the marriage; and (b) the share of each spouse in any other relationship property that falls for division under sections 11(1)(a) , 11(1)(b) , 11A , 11B , and 12 , and is not determined in accordance with paragraph (a) , is to be determined in accordance with sections 11(1)(a) , 11(1)(b) , 11A , 11B , and 12 . (4) If this section applies, each spouse is entitled to share equally in any relationship property that falls for division under section 11(1)(c) , unless his or her contribution to the marriage has been clearly greater than that of the other spouse. (5) If, under subsection (4) , the spouses do not share equally in any relationship property, the share of each spouse in that relationship property is to be determined in accordance with the contribution of each spouse to the marriage. (6) This section is subject to sections 15 to 17A . (7) In proceedings commenced after the death of 1 of the spouses, this section is modified by section 85 . Sections 11 to 18, and the headings before sections 11 and 15, were repealed, and a new Part 4 (comprising sections 11 to 18C) was inserted, as from 1 February 2002, by section 17 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions.

Official source: legislation.govt.nz

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