000			02416nab a22003257a 4500
999			_c8388 _d8388
005			20250625151647.0
008			231031s2020 -nz|| |||| 00| 0 eng d
040			_aAFVC
100			_91333 _aHenaghan, Mark
245			_aThe use of trusts and trust litigation as a form of financial abuse in Aotearoa New Zealand and what to do about it _cMark Henaghan and Siobhan Reynolds
260			_bRMIT, _c2020
500			_aAustralian Journal of Family Law, 2020, 33(3):
520			_aThe '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			_aDOMESTIC VIOLENCE _9203
650			_aCOERCIVE CONTROL _95771
650		4	_9244 _aFAMILY LAW
650			_aFAMILY VIOLENCE _9252
650			_aFAMILY VIOLENCE ACT 2018 _98164
650			_aFINANCIAL ABUSE _92968
650			_aINTIMATE PARTNER VIOLENCE _9431
650			_aPERPETRATORS _92644
650		0	_96314 _aPROPERTY (RELATIONSHIPS) ACT 1976
650			_aSEPARATION _9522
651		4	_aNEW ZEALAND _92588
700			_aReynolds, Siobhan _912341
773	0		_tAustralian Journal of Family Law, 2020, 33(3)
830			_aAustralian Journal of Family Law _913124
856			_uhttps://search.informit.org/doi/10.3316/agispt.20201102038993 _zRead abstract
942			_2ddc _cARTICLE _hnews123