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Howell v Howell [2019] NZFC 6881

Published 01 March 2024

Relationship property proceedings — proceeds of sale — foreign immovables — economic disparity — post-separation contributions — compensation — variation of maintenance order — Property (Relationships) Act 1976, ss 1M, 1N, 7, 8, 9, 11, 12, 15, 16, 18B, 20 & 32 — Family Proceedings Act 1980, s 99 — Samarawickrema v Samarawickrema [1995] 1 NZLR 14 (CA) — Enright v Fox (1989) 5 NZFLR 455 (HC) — BJP v PB (Relationship Property) (2012) NZFLR 780 — Scott v Williams [2017] NZSC 185 — Penn v McQueen [2019] NZHC 2192 — M v B [2006] 3 NZLR 660 (CA) — R K v D K [2011] NZFLR 468. The parties had been together for 7 years and had three children together. The parties had both been working prior to having children. The mother then stayed home to care for the parties' children during the course of the parties' relationship, and continued the children's day-to-day care following separation. This hearing was to determine several relationship property matters: compensation for inclusion of proceeds of sale for a home owned prior to the commencement of the relationship; vesting and value of shareholders loan account; compensation for withdrawn capital post-separation; compensation for economic disparity; post-separation contributions; compensation for satisfaction of personal debts and a variation of spousal maintenance to cover accounting and legal fees. The Court noted the parties had agreed that the relationship property was to be divided equally, subject to the adjustments ordered. With regards to the respondent's property sold, the Court was satisfied that section 16 of the Act could apply, despite the property being a "foreign immovable", and that an adjustment was appropriate, and awarded the respondent $600,000. On the applicant's claim for economic disparity, the Court found that there was a disparity largely because of the parties' income differential, and that it was appropriate to make an award of $273,168 to the applicant. The claims for post-separation contributions and satisfaction of personal debts were dismissed. The Court also declined the application for a variation of spousal maintenance. Judgment Date: 29 November 2019. * * * Note: names have been changed to comply with legal requirements. * * *