
......evil......
Here is the link for those of you who haven't worked out by now I put the links in the headingsGooner will no doubt have already read the judgment and can comment from a family lawyer's position but:
My short-term advice to girls everywhere in New Zealand after reading this stunning development is simply put away those school books, leave school at 15 and learn how to cook and clean for a man with prior assets. You could be entitled to a cut in the increase in their value.
If you are a female and have assets prior to marriage you also need to take note of the judgment. Your bum of a husband may just take them from you after all. Do not go near a man with less assets or income potential than you.
The court says the woman is entitled to almost half of the increased value of the couple's farm, even though her ex-husband inherited it before their marriageThe Supreme Court (read Supreme) has decided in favour of a wife not just for value during her marriage, but BEFORE she was even married to the man. With a wishy-washy namby-pamby bench led by public speaker extraordinaire Sian Elias, it was just a matter of time this happened. I predicted it at the end of the Privy Council.
This woman will now be enriched in a lump sum to the tune that most working women would never independently earn in their lifetime. Why be a teacher, cleaner, policewoman, nurse, receptionist or middle manager when you can just do housework?
"In addition to looking after the children and managing the household, she had earned over $300,000 from outside employment, all of which she had contributed to the household."So $300,000 over 24 years of marriage works out to be on average $12,500 a year in which time she stayed in a home provided by her husband and no doubt was kept off his wages. And doing what every woman in a marriage does anyway - look after the house and popping out a few children.
Yes, along with property developing, partners at large law firms, specialist surgeons, being PM, a CEO or an airline pilots........
doing the dishes is now a valid career option for all women.But wait, enter Anthony Grant with some good ideas that I have always espoused a man to do in the circumstances:
Barrister Anthony Grant has described the case as involving "the annihilation by stealth of separate property". He says the case is "shocking" and "a stunner", not necessarily because it was wrongly decided, but because people had not been aware that "indirect contributions" involving something as ordinary as household chores could convert a spouse's separate property into relationship property.His advice- A Section 21 "contracting out" agreement
- Vest separate property in trust
and the best piece of advice and one that I have always argued in favour of
DON'T LET YOUR WIFE LIFT A FINGER AROUND THE HOUSE!!!!! Get a nanny and a housekeeper. Which is the Chinese approach - a maid. New Zealand will need to allow a steady workforce of Philippinas into the country to cover the demand.
That housework could be costing men a small fortune in increase in value of assets that were previously thought to be outside the relationship and the natural response is to find a less expensive option to do it, the international marketplace for labour will fill that void. Housework is a way a woman "earns her keep" around the house and entitles her to share a joint bank account for expenses that she would otherwise have to pay such as rent, food and moderate clothing, it shouldn't entitle her to a share in the capital, let alone that of an asset before she even met the bloke!
New Zealand women in this decision have just been priced out of doing the housework.
Based on the Hearld report, the assets and the increase in value under question here were not in huge quantum, and definitely the QC fees on both sides would have whittled it away dramatically. However the QC's would have loved this case as it is crucial for the development of their own practices. And Ann Hinton will be the toast of the ex-wives and old trouts in town.
But she shouldn't be....After taking the loss very hard (and another tip to the wise - men should NEVER have a male lawyer representing them in a matrimonial dispute), Mr Colin Carruthers QC, could very well just be having a wee panic attack in the corner of his vineyard right now. Otherwise a man with a rather solidly excellent technical reputation in the profession earned over I am sure an horrendous amount of swatting and keeping current with the madness - he usually represents men. From here to eternity he is to be known as the lawyer who lost the big 'un.
Housework is now deemed contribution to convert separate property into relationship property.
The rot will now set in under New Zealand law and expand on this dramatic break through through obvious judicial activism. Look over time for more stupid decisions, less marriage and relationships, more contracting out and ultimately more poverty stricken women as men hunker down to protect their assets from not just the IRD, but the worst enemy created by the Supreme Court - a housewife.
It's only a matter of time before trusts and contracting out agreements will be looked through by judicial activists on the Supreme Court and worth the 10 cent paper they are written on.And this is where Hinton, Sian Elias and other females in the "kill a man" profession of family law and judicial activism are doing the gender a huge disservice.
Now is the time for men to get out while they still can. Especially as asset valuations (and thus increases in the value) for property division are at the lowest point in years.I can see a time where men will not enter a relationship at all with a woman of differing social and income class. As the best form of asset protection may become the only form of asset protection - stay away from those poorer in income and wealth (earned or inherited) than you are. The losers of course will be women who rely on men for their subsistence and lifestyles. Currently this still makes up a good proportion of the population.
All driven by the Supreme Court - well done Sian. Feminist? Not likely.
She's also just killed the concept of marriage and relationships in a far larger way than my lack of enthusiasm for them but bless her -
She's just raised the relationship stock beyond record levels for fiscally independent and successful women with high paying jobs and careers.As you were then Sian.......