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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22768
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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ok,x vs x is the only case law i can go by there must be

Resolved Question:

ok,x vs x is the only case law i can go by? there must be more, and how can i find it without it costing lots?

how can i find out about cases directly dealing with air new zealand super schemes, i am sure there have been a few?
Submitted: 7 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 years ago.
There are many cases on superannuation, and a lot are mentioned in the X v X case. If you open the case you will see the cases mentioned. Most are available on the Justice website dated after about 1995-when the cases started going on line. Otherwise you would need to find a public library which has the New Zealand Law Reports or the NZ Family Law Reports. Legal books are expensive and lawyers pay subscriptions for the Family Law cases, so they are not freely available for the general public. I know the Air New Zealand super scheme has been in cases but they are not always easy to find for non lawyers. This isnt want you want to hear I know, but start with the Justice website. The 2 principles still apply to the super though-shares of property are as at the date of separation, and valuation as at agreement or court order and even though the valuation is sometimes needed from an actuary, the principle still applies.
Customer: replied 7 years ago.
thank you, XXXXX XXXXX i am wondering about anyone else who has been successful in obtaining more than the 50/50 split - what it may cost to do the exercise vs the financial gain really. To look at what has happened in other cases is what i would like to do. thank you for your help
Expert:  Chris The Lawyer replied 7 years ago.
The times where 50/50 has been departed from, are cases where one has contributed much more but there are certain assets which nearly always go 50/50 such as the family home, assets in the home, super, beach homes and similar. The cases out of this range are generally for business assets. It would be very unusual (and I have not ever seen this) for a party to get more than equal shares except where the contributions were very disparate. Contributions can be negative too, but there is no element of punishment for breaking a relationship by having an affair or similar bad behaviour. It would take a special case to depart from this-the law is pretty settled on these issues and may end up costing very large amounts.
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