Jane Zohrab

I’m really looking forward to the Family Law Conference which kicks off this week in Christchurch. I’m the meantime I’m getting my bearings and centring myself in the Botanic Gardens - it’s particularly beautiful at this time of the year.

Does your crypto need to be divided on separation?⁠
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It's more and more common for clients to have digital assets like cryptocurrencies (such as Bitcoin or Ethereum) or NFTs. I have been surprised how many of my clients have not thought to include them in their asset schedule but after being asked specifically about them, remember they have them! ⁠
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In NZ digital assets fall within 'property' to be divided on separation. ⁠
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You need to disclose and consider your digital assets when considering a contracting out agreement or if you separate.⁠
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They also need to be addressed when you are drafting your Will to provide for your beneficiaries on death. Practicalities are important too - you may need to create a multi-key wallet or a 'digital asset checklist' so that digital assets can be located and retrieved in the event of your death.⁠
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"I don't want to rock the boat" "If I don't raise [the specific issue] then they are more likely to agree to [the other thing] that I need".

I hear that from clients a lot.

Separation is a dangerous time, particularly if there is family violence. But steps can be taken to minimise risk. Obtaining advice early on how to manage the separation can be really helpful. I encourage my clients to be brave. Setting expectations and a new dynamic early can set the tone for how the separation and negotiations will proceed from that point on.