Wairarapa News : January 30th 2013
19 WAIRARAPA NEWS, JANUARY 30, 2013 EDUCATION THE CUBBYHOUSE EARLY CHILDHOOD CENTRE 45 Te Ore Ore Road (opposite the hospital) Ph: (06) 370 8384 ~ Website: www.thecubbyhouse.co.nz Annual FUN DAY This Sunday the 3rd Feb from 10am-12pm Start in Feb and your 1st 4 weeks are FREE!* FREE sessional care for 3-5 yr olds (8.30am-12.30pm & 1-5pm)* 4998666AB *conditions apply Make a morning of it, visit our beautiful centre, meet our wonderful teachers, come along and enjoy the fun! After the success of last year's fun day we've decided to do it again! There is loads of fun to be had for the family, including: • Bouncy Castle • Face Painting • Spot Prizes • Yummy CubbyHouse nibbles Sally Chamberlain Ph 06 3772360 141 Akura Road, Masterton www.kipmcgrath.co.nz NEED HELP WITH LEARNING? • Maths • English • Reading • Spelling 5041307AA Division of Relationship Property on the Termination of a Relationship by Simon Ogilvie - A Potential Nightmare In this day and age relationship breakdowns are common place and legal issues relating to the resolution of the division of "relationship property" can be messy, take a long time to resolve, emotionally draining and can result in the sale of relationship property which could involve the sale of the matrimonial home, or other property, or one party buying out the other party's interest in the relationship property. The provisions of the Property Relationships Act now include parties who are not only married but de facto couples and same sex couples who are in a relationship. Generally the Act applies to relationships which have been in existence for more than three years. There has been an interesting line of Court cases relating to, in particular: • The division of assets, and • The division of assets owned by Trusts, and • Deciding whether the parties are living in a "de facto" relationship. Consider the following situations which are common: 1. Parties separate after a relationship which has been in existence for more than three years, whether it be a marriage or a de facto relationship. As a general rule, unless there is a "Section 21" Agreement pursuant to the Property Relationships Act in place setting out what happens to the division of relationship and separate property, when parties separate, assets are generally divided equally between the parties. 2. Separate rules apply to assets which are owned by a Trust. A Trust, for example, quite often owns a farming property which includes the matrimonial home. The Trust property may have originated from one of the parties family either before or after a relationship commences but the parties who separate live and farm on the property. There has been recently an interesting number of cases where the Courts have attempted to "bust" the Trust to provide for one of the parties from Trust assets. Beware The division of relationship property, whether it be owned personally or by a Trust may result in either the sale of the property (including the matrimonial home) or one party buying out the share of the other party in the relationship property. 3 Quite often, one or both of the separated parties, enter into a new relationship. It is common for the following to occur: • Following the division of the relationship property from the first relationship, the party who enters into a second (or subsequent) relationship may bring into the new relationship property acquired from the division of relationship property from the first relationship. The property brought into the new relationship in general terms could be initially separate property but if the subsequent relationship breaks down after three years, that property could be classified as "relationship property" and divided in accordance with the provisions of the Property Relationships Act which could result in an "equal" division. Relationship property could include a house property if the parties to the new relationship lived in that property as the "matrimonial home". The party who enters into a subsequent relationship runs the risk that any "separate property" brought into that relationship could become relationship property and be divided between the new spouse/partner in the event that the relationship breaks down after three years. This could "disherit" children from earlier relationships. It is important for both parties to give consideration to how property is to be divided in the event of the termination of the new relationship, or on the death of one party. The interests of the parties can be protected by the parties entering into a Section 21 Agreement pursuant to the Property Relationships Act setting out what occurs in the event that the relationship terminates. Conclusion It is important that parties give consideration to identifying "who owns what property" before entering into a relationship particularly if one party comes into the relationship with substantial assets. The agreement can be recorded in a "Section 21" contract between the parties which can be "taylor-made" to protect the interests of both parties in the event of either separation or death of one party. If you would like further information about the above matters, please telephone me on 0800 249529 anytime or e-mail me at email@example.com simon/divisionrelationshipproperty I offer a free initial appointment to discuss anything legal. PS - New service. I now offer an on line conveyancing service for buying and selling residential properties-give this a go. §Simon Ogilvie Property Trust & Business Lawyer Phone: 0800 249529 email: firstname.lastname@example.org Advertorial APt t ilN i 4439004BX Kuranui's Cole-powered auditorium Enterprising: Cole Garrett getting ready for the next firewood raffle. With the Beat Girls at the Grey- town Arts Festival, the Carterton Oversew Fashion Awards and sev- eral events at Toast Martin- borough under his belt, up and coming lighting and sound tech- nician Cole Garrett is one to watch for the future, even at the age of just 14. When most teenage boys glue themselves to Xbox or PlayStation screens, Cole spends his spare time working on a different kind of console -- the one which controls light and sound in the auditorium at Kuranui College. This week, Cole will begin year 10, but he already has ambitions to become the next Chip Monck or Al Gurdon. Although some aspects of light- ing and sound are taught at NCEA Level 2, there s no practical course you can do, you just have to learn on the job, he said. One of our teacher aides, Caro- line Finlay, is giving me a bit of a hand, but I m looking to enrol on the National Youth Drama School eight-day course in Hawke s Bay later this year. It costs $465 plus accommodation, so I will have to fundraise to cover the costs. Fundraising is nothing new to Cole, having used his immeasur- able initiative to raise more than $3,500 to upgrade the lighting and sound for Kuranui s auditorium. He raised more than $500 with a firewood raffle from wood donated by Greytown Lions Club. Selling old science equipment from Kuranui s soon-to-be demolished B-Block generated around $1500. He also put together a hamper with his own money and then raffled it off . Cole has certainly put his enterprise skills into practice, using funds shrewdly. We bought things like micro- phone cables as we couldn t run a microphone successfully before. With the new soundboard, I worked the seller down from $600 and got it for $400. We also bought things like a strobe light and disco ball, which I, along with fellow Kuranui students and lighting and sound assistants, Ned Phillips and Nick Ariel, used at the Greytown School disco at the end of last term. Kuranui Principal Geoff Shep- herd is delighted with the contri- bution Cole and his team have made to improving the light and sound in the college s auditorium. We are very fortunate at Kuranui to have a number of highly-resourceful students who are committed to help improve our facilities, but Cole s contribution is certainly one of the most impressive. He has been selfless in his drive to repair and replace the sound and lighting equipment in our auditorium and both the tech- nical and fundraising skills he is displaying will stand him in good stead for the future. Cole is now planning another firewood raffle to continue raising funds for the auditorium.
January 23rd 2013
February 6th 2013