The use of trusts and trust litigation as a form of financial abuse in Aotearoa New Zealand and what to do about it (Record no. 8388)

MARC details
000 -LEADER
fixed length control field 02416nab a22003257a 4500
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control field 20250625151647.0
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fixed length control field 231031s2020 -nz|| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
9 (RLIN) 1333
Personal name Henaghan, Mark
245 ## - TITLE STATEMENT
Title The use of trusts and trust litigation as a form of financial abuse in Aotearoa New Zealand and what to do about it
Statement of responsibility, etc Mark Henaghan and Siobhan Reynolds
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc RMIT,
Date of publication, distribution, etc 2020
500 ## - GENERAL NOTE
General note Australian Journal of Family Law, 2020, 33(3):
520 ## - SUMMARY, ETC.
Summary, etc The 'Aotearoa New Zealand Family Violence Act 2018' includes in its definition of family violence that financial abuse is a form of psychological abuse. Violence is defined as behaviour that is coercive or controlling and abuse is defined as either a single act or number of acts that form a pattern. This article shows how, what would otherwise be relationship property and shared equally by the partners to the relationship, once it is put in a settlor controlled trust, extensive litigation is required to get access to that property. This article provides examples of how this form of coercive control over the claimant partner and assets which they are entitled to, is permitted by the Aotearoa New Zealand legal system. Whilst the legal system has made some concessions for the claimant partner, it has not gone nearly far enough to stamp out this form of financial abuse. This article proposes that the legal system re-prioritise the interest at stake by giving clear priority to relationship property interests and simple and inexpensive access to relationship property whether it be in a trust or any other form of legal fiction such as a company. (Authors' abstract). Record #8388
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element DOMESTIC VIOLENCE
9 (RLIN) 203
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element COERCIVE CONTROL
9 (RLIN) 5771
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
9 (RLIN) 244
Topical term or geographic name as entry element FAMILY LAW
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FAMILY VIOLENCE
9 (RLIN) 252
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FAMILY VIOLENCE ACT 2018
9 (RLIN) 8164
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FINANCIAL ABUSE
9 (RLIN) 2968
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element INTIMATE PARTNER VIOLENCE
9 (RLIN) 431
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element PERPETRATORS
9 (RLIN) 2644
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
9 (RLIN) 6314
Topical term or geographic name as entry element PROPERTY (RELATIONSHIPS) ACT 1976
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element SEPARATION
9 (RLIN) 522
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
700 ## - ADDED ENTRY--PERSONAL NAME
Personal name Reynolds, Siobhan
9 (RLIN) 12341
773 0# - HOST ITEM ENTRY
Title Australian Journal of Family Law, 2020, 33(3)
830 ## - SERIES ADDED ENTRY--UNIFORM TITLE
Uniform title Australian Journal of Family Law
9 (RLIN) 13124
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://search.informit.org/doi/10.3316/agispt.20201102038993">https://search.informit.org/doi/10.3316/agispt.20201102038993</a>
Public note Read abstract
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article
Classification part news123

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