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CAN UNDO

by Karen Gough

by Karen Gough

It now appears very likely that the majority Can Do Government will be able to undo the recent civil union legislation.   The Civil Partnership Act 2012 as we know provides for a couple, regardless of their sex, to have their relationship legally recognised so everyone knows they are in a partnership, they are a couple . 

Not every couple wishes to have their relationship registered or legally recognised.   The Civil Partnership Act could provide assistance for the court should one of those relationships break down.  If a de facto relationship breaks down and the parties resort to the court to resolve their property differences sometimes the court is faced with the argument whereby one of the parties says “Hey we’re just friends, we are not de facto’s, no property settlement here”  So how does the court work out if they were more than just friends. 

The court may include any or all of the following: the length of the relationship; whether they shared a common residence and the ownership and acquisition of the property; whether they had a sexual relationship; degree of financial dependence or interdependence, and any arrangements for financial support, between them; the degree of mutual commitment to a shared life; care and support of children; whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship and the reputation and the public aspect of their relationship or how everyone else saw their relationship.

 

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