Kit Powers v Eve Powers [2016] NZFC 4413

Published 20 October 2016

Whether marriage was of short duration under s 2E discretion — Property (Relationships) Act 1976, s 2E — Martin v Martin [1979] 1 NZLR 97 — L v P HC Auckland CIV-2010-404-6103, 17 August 2011. In the context of a relationship of 3 years and 9 days duration the Judge found the respondent did not meet the onus (as determined by L v P) to establish that the discretion in s 2E(1)(a)(ii) ought to be exercised. The respondent asked the Court to excercise the discretion in s 2E(1)(a)(ii) by declaring the marriage, uncontested as one of more than three years as one of short duration. The marriage was not “so restricted in terms of quality” that it could be described as one of short duration (Martin). Judgment date: 8 June 2016. * * * Note: names have been changed to comply with legal requirements * * *