Are we de facto partners or just friends with benefits? - WRMK Lawyers
married couples; couples in a civil union; couples in a de facto relationship for at More about what relationship property is, is in the NZ Law Society guide to at the end of the relationship and this is because of the different roles you have. While some people don't feel as though they want to get married, they may not realise that they are already in fact in a de facto relationship. What is the difference between a de facto relationship and marriage in the eyes of the law? Today, de facto couples are entitled to the same rights and.
Relationship property - the basics
In an earlier blog we looked at what kind of factors may be taken into account in determining if you are in a de facto relationship. As our previous blog on de facto relationships stated, a de facto relationship is deemed as being when both parties to the relationship, whether it be heterosexual or same sex, are over the age of 18 and they are living together as a couple.
To recap, the factors that will be taken into consideration by the court will include: The duration of the relationship Whether they live in the one house Whether they have a sexual relationship The degree of financial dependence or interdependence The ownership, use and acquisition of the property The degree of mutual commitment to a shared life The care and support of children The performance of household duties The reputation and public aspects of the relationship This is not an exhaustive list of those matters that may be taken into consideration.
Nor is it necessary that a finding in respect of any one or a combination of these factors is necessary to find the existence of a de facto relationship. In one case it may be that a single factor may be decisive, whereas in another an accumulative approach may be what is called for. Certainly there are many relationships in which the participants could genuinely claim to be uncertain as to whether or not they come within the statutory definition. So what sort of things do couples usually see as being significant and are they potentially way off base in their thinking?
But we live in our own homes? Sharing a common residence is not a necessary condition of living together. It is possible that a couple could maintain two separate residences, yet because of their financial interdependence, the presence of children whether that be children of the relationship or children of just one of the partnersand the way they hold themselves out as a couple, they could be regarded as being in a de facto relationship. Of course, couples that do not live together, maintain complete financial independence and do not pool their resources are unlikely to be regarded as living in a de facto relationship.
A sexual relationship, as nice as it may be, is NOT necessary for there to be a finding that a de facto relationship exists. It states that with people having fewer children than in the past and people delaying birth until they were older, families should be better off financially, but that was not the case.
A lot of families are better off financially, especially those that have fewer children and have families when they are older. A stable family with two parents in a relationship and with a steady and reasonable level of income are certainly significant factors.
Whether the parents are married or not is largely irrelevant. Marriage is a legal document and a social custom but it has become optional and unnecessary for a good family environment.
Unsurprisingly, single-parent families were described as the poorest in New Zealand. Single parent families are naturally going to find things tougher financially generally — although no always, a married couple with one partner an alcoholic or drug addict or in prison will tend towards being poorer.
Relationship property - the basics
But currently, 27 per cent of registered births were to cohabiting, or de facto, parents. A legal marriage will have little effect on the strength of a relationship. But that could mean that higher earners were more likely to get married. The cost of marriage can be a deterrent to poorer people.
What's the difference between a de facto relationship and marriage? | Watts McCray
I know of stable two parent families that put more priority on providing for their current needs than forking out thousands of dollars on a wedding that they would quite like but are happy to postpone. Middle-class people were more likely to get married while de facto relationships were more common in lower-income households, but factors such as the economy affected both. The main causes of child poverty was not a lack of marriages, but things like low incomes, the casualisation of work and the benefit system, he said.
This affects families whether parents are married or not.