Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client seeks division of relationship property after a de facto relationship of short duration (less than three years) in New Zealand. This guide assists the practitioner in assessing whether the client qualifies for property division under the restrictive statutory gateway of section 14A, preparing the evidentiary record, drafting claims, and filing applications to prevent serious injustice.
Jurisdiction: Family Court of New Zealand. Short duration claims are resolved under the national jurisdiction of the Family Court.
The Process at a Glance: The process begins with verifying the relationship duration to confirm it is under three years, which excludes default equal sharing. The lawyer audits the gateway criteria under section 14A, verifying either the existence of a child of the relationship or the client's substantial contributions, combined with proving that refusing division would result in serious injustice. The lawyer compiles care, financial, and renovation records, drafts Form G5 and the narrative affidavit, and files the application package on the Te Au Reka portal. Personal service is executed on the respondent, and counsel monitor the response.
Key Legislation and Case Law: Property (Relationships) Act 1976 (NZ) - s 14A (short duration de facto relationships), s 14A(2) (gateway elements: child of the relationship, or substantial contribution, and serious injustice), s 18 (contributions defined). Key cases: [Clark v Sims [2016] NZFLR](https://www.courtsofnz.govt.nz/) on unreasonableness at execution; [Gosbee v Gosbee [1999] NZFLR](https://www.courtsofnz.govt.nz/) on contributions assessment. NZ Legislation: Property (Relationships) Act 1976 Section 14A.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Relationship Property Division (Applicant) - Short Duration Relationship - Section 14A Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Relationships lasting less than three years are governed by the short duration rules. Under section 14 (marriages) and section 14A (de facto relationships) of the Property (Relationships) Act 1976 (NZ), default equal sharing is excluded.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under section 14A(2), the court will not make a division order unless a child exists or a substantial contribution is proven, and a serious injustice would result if the order were refused. This is a very high threshold.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Non-financial contributions such as homemaking and child care are valued equally with financial contributions under section 18 of the Property (Relationships) Act 1976 (NZ).
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
In short duration relationships, division is based on contributions rather than equal sharing. Contributions are assessed globally under section 18, covering both direct financial inputs and indirect support.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Serious injustice is a high threshold under section 14A(2)(c). It requires proving that the outcome of refusing division would be unconscionable or grossly unfair, not merely unequal.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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