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The Press Wednesday, December 2, 1987. De Facto... (Press, 2 December 1987)

This is a Generative AI summary of this newspaper article. It may contain errors or omissions. Please note that the language in the summary is reflective of the original article and the societal attitudes of the time in which it was written.

Summary: The Press Wednesday, December 2, 1987. De Facto... (Press, 2 December 1987)

On 2 December 1987, the Minister of Justice, Mr Palmer, initiated a discussion regarding whether the Matrimonial Property Act should be expanded to include de facto relationships. This proposal aims to ensure that possessions accumulated by couples who live together without marrying would be divided equally in the event of a separation. The Matrimonial Property Act, in its established form, was created to protect the interests of women in marriage, ensuring that they would receive fair compensation from relationships, even if they were not the primary earners. However, the act has faced criticism for sometimes resulting in inequitable divisions, particularly concerning businesses or properties significantly contributed to by only one partner. The suggestion to extend the act's provisions to de facto relationships raises numerous questions. Key issues include defining what qualifies as a de facto relationship, determining how long couples must live together to be recognised under the law, and whether homosexual de facto relationships would also gain legal recognition. The complexity of these definitions means that any changes would be fraught with potential challenges and ambiguities. Although the current legislation does recognize some aspects of de facto arrangements—particularly in terms of Social Welfare benefits—it does not provide comprehensive protections akin to those granted to married couples. Therefore, a compromise might be necessary, allowing de facto couples to opt into the Matrimonial Property Act if they so choose. This would require them to make a conscious decision to accept the same protections available to married couples if their relationship were to end, although safeguards around the duration and characteristics of the relationship would need to be established. The proposal also touches on the potential for contentious legal scenarios that could arise, such as the rights of a long-term mistress who might claim contributions to a de facto relationship. Such complicated situations underscore the need for careful deliberation before implementing any legal changes. Overall, this development reflects a significant societal issue regarding property rights and fairness in relationships not formalised by marriage, warranting thoughtful discourse and examination.

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Publish Date:2nd December 1987
URL:https://www.pridenz.com/paperspast_chp19871202_2_91.html