De facto couples in legal limbo

De facto couples are in legal limbo after a parliamentary committee backed down on plans to give them the same legal status as couples who marry or enter a civil union.

Wednesday, March 9th 2005, 5:59AM

by The Landlord

In practice, the backdown is likely to have little effect because of the large number of laws that already treat long-term de facto relationships the same as marriage.

But the chairman of the select committee dealing with the Relationships Statutory References Bill, Tim Barnett, acknowledged that de facto relationships would generally lack the security and legal certainty of marriage or civil union.

The major difference between de facto couples and others will become apparent when one partner dies without leaving a will. Unless they have been living together for at least three years the surviving partner will have no automatic right of inheritance.

But a request that the Law Commission be asked to revisit the Property Relationships Act, in the way it treats de facto couples, could create further confusion. The act deals with the division of property when a relationship ends; it only applies to de facto couples who have been together at least three years, or have children.

Lianne Dalziel, a government member of the committee that considered the Relationships Statutory References Bill, said that legislation was implemented when civil union was not available to same sex couples and those who did not want to get married.

"We're recommending that the Government refer it to the Law Commission, simply to see whether the time frames are appropriate and whether all of the rules around de facto relationships are appropriate."

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