NCJ Number
140400
Date Published
1992
Length
233 pages
Annotation
The Queensland Law Reform Commission presents working- paper recommendations on law reform pertinent to property and other issues involved in the breakdown or other crises in a de facto relationship, in which a heterosexual or homosexual couple have lived together in a relationship not covered under existing marital and family law.
Abstract
The Commission believes existing law is unsatisfactory in addressing injustices in such relationships due to the inadequacies of the common law in this area. The Commission recommends that the Family Court become the forum to hear and decide disputes which may arise on the breakdown of a de facto relationship. Also recommended is the enactment of legislation that will ensure a just and equitable property distribution on the breakdown of a de facto relationship. A tentative recommendation is that, provided the inability of the de facto partner to support himself/herself adequately results from the circumstances of the de facto relationship, the court should be able to consider the same matters as the Family Court in determining the amount of maintenance to be ordered. The Commission recommends that the proposed legislation provide for de facto couples to enter into binding cohabitation and separation agreements, since it is essential that de facto couples be able to plan their financial future with some certainty and to elect not to be regulated by the proposed legislation. This working paper contains the legislation that reflects the Commission's recommendations.