Sign up to save your podcasts
Or
Share Mark Henaghan: Proposed changes to divorce laws would do away with 50/50 split
Share to email
Share to Facebook
Share to X
Share to email
Share to Facebook
Share to X
Or
Mark Henaghan: Proposed changes to divorce laws would do away with 50/50 split
The proposed changes over divorce laws aim to make it fairer for those who are bringing existing property into relationships.
The Commission's proposed reform is recommending that relationship property should no longer be split 50-50.
Otago University Mark Henaghan told Mike Hosking people don't like the fact that if a person brings a home from their first relationship into the next, they have to share it evenly after three years.
"They think that's unfair, so that's what the law firm is addressing with that proposed amendment you don't have to share it 50/50 but you will have to share the increase in value, not the whole value."
The proposal would allow the primary caregiver to remain in the home for up to five years.
He said this could mean the value of the house wouldn't be able to be split until after the primary caregiver has moved out.
"The court would say well, you're going to need to freeze your resources for awhile because your children need a decent home to grow up in."
Henaghan said protecting the children is the most important part of the legislation.
LISTEN ABOVE AS MARK HENAGHAN SPEAKS WITH MIKE HOSKING
View all episodes
By Newstalk ZBThe proposed changes over divorce laws aim to make it fairer for those who are bringing existing property into relationships.
The Commission's proposed reform is recommending that relationship property should no longer be split 50-50.
Otago University Mark Henaghan told Mike Hosking people don't like the fact that if a person brings a home from their first relationship into the next, they have to share it evenly after three years.
"They think that's unfair, so that's what the law firm is addressing with that proposed amendment you don't have to share it 50/50 but you will have to share the increase in value, not the whole value."
The proposal would allow the primary caregiver to remain in the home for up to five years.
He said this could mean the value of the house wouldn't be able to be split until after the primary caregiver has moved out.
"The court would say well, you're going to need to freeze your resources for awhile because your children need a decent home to grow up in."
Henaghan said protecting the children is the most important part of the legislation.
LISTEN ABOVE AS MARK HENAGHAN SPEAKS WITH MIKE HOSKING