The feedback’s continuing to roll in around our family law specialist, Gillian Stuart, and her series of interesting legal facts that’s been running in The Messenger.
Earlier in the year, Off the Record ran Gillian’s first 10 facts. And now, by popular demand, we’re delighted to bring you Numbers 11 to 15.
#11 Marriage gone bad, and can’t wait to wash that man (or woman) right outta your hair? If you’re yet to settle your relationship property, hold fire. When you formally divorce, you have only one year from that date to sort out your marital assets … fail to do so and any claims may go up in smoke.
#12 From the weird and wonderful file … in 1937, the Los Angeles Times reported one man’s attempt to bring his feathered friend to court. Not as a companion, but as a witness. The man contended the family parrot had been coached by his wife to call him abusive names. Application denied: it was impossible to place the parrot under oath.
#13 If you’ve separated and believe you have a claim for spousal maintenance, don’t delay in getting sound advice and taking action. If you’ve done it hard financially, but have since bounced back somewhat, that can lessen any claim in Court. Don’t forget either to keep records of legal and accounting fees incurred as a result of the separation – these can legitimately be claimed as part of an interim spousal maintenance application.
#14 If you’re concerned a trustee of any type of Trust or the executor of your will might be losing capacity and is no longer mentally able to perform the necessary duties, it’s better to take a proactive approach. Make sure trustees and executors are replaced before they lose capacity – delay until after the fact, and you’ll have to incur unnecessary cost and stress of going to Court to get an order to sort that mess out.
#15 The Upper Clutha is becoming an increasing melting pot of nationalities … and lots of variables. Kiwis marrying foreign nationals. Two foreign nationals settling here, and having Kiwi-born kids. When it comes to Wills, asset protection and divorce, your original “domicile” – from whence you originally came – can sometimes make all the jurisdictional difference. Make sure you take advice and know the lay of the land if you, your relationships, or anything you have an interest in, has an offshore aspect.
If you’ve somehow missed Numbers 1 to 10, click here to catch up.