Reply: 2.1.1.1
From: Terry Avery
Hi Sim,
You will find that the status of de facto varies from state to state but
overall provides little protection should the relationship breaks up. One
example is a couple who buy a house and say the male pays the loan
repayments and the female the bills. In the event of a breakup the onus is
on the female to prove she contributed to the relationship which means
having complete records of every purchase and bill paid. A level of
bookkeeping that most people don't do. In a marriage the wife does not have
to prove she contributed economically to the relationship, the law allows
her an equal share. In de facto the law does not offer that protection so in
effect your statement "If a person is living with you for a certain amount
of time as is you were in a married relationship, then the relationship is
considered to be equivalent to marriage." is not true, there is not
equality. Don't confuse the law with government policy to support couples in
de facto relationships. In the absence of a will or other agreement then
there is no protection for a de facto. The only equaliser is a marriage
certificate!
I have not researched how the ATO treats de facto relationships but I
suspect this would be one very grey area and you would have to look at
things like spouse rebates to see how you qualify in a de facto situation.
Another point is that in some qualifying situations proof of marriage is a
marriage certificate and you are eligible from day one but in a de facto
they require evidence such as joint bank accounts, bills in joint name and
qualifying periods can also apply.
As someone married for 26 years I will quote someone truly wise, my wife, if
you are committed to a relationship then why don't you get married? The only
answer I can think of is that, for a guy, it is easy to walk away and keep
your bank account, house and car. As I have said above, if a guy (or gal)
was devious they would pay the mortgage, make the savings and investments,
and let the other partner pay the bills. Come time to separate and who has
all the assets and who has little, if any legal claim on them?
Food for thought....
cheers
Terry