If there is no marriage contract, the property is distributed in accordance with the Property Relations Act 1976. The relationship must last more than three years and the couple must be married, in a life union or in a de facto relationship. However, certain circumstances may be reduced. When a couple separates, the entire jointly owned property is considered relational property. This implies that in Harrison, High Court Justice Fogerty had overturned the pre-nup because she was giving the woman far less than the law would have granted her. The Court of Appeal has ruled that pre-nups will only be overturned if there is an “unsatisfactory trial”, unlike post-nups, where “inequality of outcome” is probably sufficient. As a result, Justice Fogerty`s decision was set aside. In 2011, the English Supreme Court imposed a pre-nup for the first time. Some people thought it meant the end of the marriage. In New Zealand, on the other hand, pre-nups have been enforceable for more than 30 years.
However, the applicability of “post-nups” is controversial: agreements concluded between partners after the end of the relationship. Thorne`s decision against Kennedy, in which a young Woman from Eastern Europe successfully fought to overturn a prenup she had signed on the eve of her marriage to a multi-million euro real estate developer, sent shockwaves through the Brotherhood of Family Rights and could trigger a wave of complaints aimed at overturning existing financial deals. In its decision, the High Court unanimously ruled that the agreements should be annulled for “unscrupulous conduct”, while a majority of the High Court also ruled that the agreements should be annulled for “influenceability”. Treaty-making is not a specific science. We must be aware that in the future, signed agreements, which are unfair, may be overturned by the court. The further you deviate from a fair document, the more risks you take. It is then important to anticipate whether an agreement signed today by the parties at the beginning of their relationship will be fair and reasonable 10, 15 or 25 years in advance. .