Remedies against avoidance of a just division of matrimonial property through the use of family trusts and other devices by B.A. GibsonPublisher: Wellington, New Zealand Victoria University of Wellington 1997Description: 53 p. 30 cm.Subject(s): TRUSTS | PROPERTY | New Zealand. Family Proceedings Act 1980 | New Zealand. Matrimonial Property Act 1976 | TRUSTS | Family companies | Family law
|Item type||Home library||Call number||Status||Date due||Barcode||Item reserves|
|Book||New Zealand||LIBA025 WIC-04121 361 REM (Browse shelf)||Not for loan||CA001006|
Introduction ; Family trusts and s182 of the Family Proceedings Act 1980 ; Family trusts - Is a constructive trust argument available to the non-controlling spouse? ; The ancillary powers of the Matrimonial Property Act 1976 and family trusts ; Family trusts - the Australian approach ; Utilisation of the Trustee Act 1956 and trust law ; The anti-avoidance provisions of the Act - section 44 ; Control of family companies - is the Matrimonial Property Act effective? ; Section 21 - the legislative attempt to avoid an unjust division ; The need for reform ; Conclusion
Discusses the need for a comprehensive review of the 1976 Matrimonial Property Act, with particular focus on the anti-avoidance provisions and the discretionary provisions in respect of family trusts created by section 182 of the 1980 Family Proceedings Act.