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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23472
Experience:  New Zealand qualified lawyer with 38 years of experience.
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I am in the midst of a separation with my partner. We are

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I am in the midst of a separation with my partner. We are residents of New Zealand and have been living there for 10 years.
I need one specific answer to the property separation agreement negotiation process.
The PROPERTY (RELATIONSHIPS) ACT classifies property under two headings: "relationship property" and "separate property". the first treats everything as 50/50. The second does not, it is retained by the individual.
Does a UK pension scheme that I left in 1994 (6 years prior to meeting my partner) count as "separate " and therefore treated differently from pension pots accumulated during the years of the relationship?
Chris The Lawyer : The pension is more complicated than separate or not separate. The amount as at the time of getting together is separate, but contributions afte you lived to get her, up to separation, are joint property. This can sometimes mean you need an expert to value the increase in the value. There are such experts available if needed

The specific issue is that participation in this pension scheme was ended in 1994 and has had no contributions made to it since. In effect it is dormant until normal retirement date. Therefore the the relationship has had no impact or significance.

Chris The Lawyer : that makes it easier.mif this was separate and remained separate during the relationship, then it is likely to be outside of the settlement of relationship property.
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