ABSTRACT
The equitable division of property between separating parties is a time consuming and onerous task for the courts. The corresponding legal expenses incurred by the separating parties can be very high. Accordingly, there have been calls for reform of the relevant legislation in both New Zealand and England and Wales. Both the Property (Relationships) Act 1976 (NZ) and the Matrimonial Causes Act 1973 (England and Wales) take a broad approach to relationship property – potentially including all tangible and intangible assets. Yet reviews by the Law Commissions in each jurisdiction have failed to address the specific issues posed by intellectual property created during a relationship. Virtual property, Indigenous culture, and privacy are other areas which have come to the forefront of legal and societal doctrine in the 21st century and are also likely to prove problematic for the courts when assessing the division of relationship property. The article recommends that legislative reviews must directly address issues posed by intellectual property and new forms of intangible property/assets as failure to do so will result in laws that do not allow for the practical reality of the relationships within, and the exploitation of, these areas.
Corbett, Susan Felicity and Lai, Jessica C, To Have and to Hold? Intellectual Property as Relationship Property (November 1, 2022), New Zealand Universities Law Review.
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