Matrimonial property move

Press, 1 December 1987, Page 8

Matrimonial property move

Wellington reporter

Changes are being considered to matrimonial property laws to end discrimination against de facto marriage relationships and the Government plans to give priority to legislation next year on this. The Minister of Justice, Mr Palmer, talked about the plans to the Wellington Family Courts Association last evening. He said amendment to the matrimonial property law was certain; exactly how it would be done was still undecided. Existing family law still reflected patriachal and property values which underpinned family life for the last two centuries. If social justice were to be avoided, then Parliament had to take the lead, Mr Palmer said. Property matters were the most urgent as there was no settled law for property claims by de facto partners after separation or after the death ,of one partner.

When a de facto relationship ended a partner without legal title to what would be common property under the Matrimonial Property Apt had a very hard task to establish an Interest, he said. There were two options for reform —• either de facto couples would be able to contract into the act, or the act would be made to apply automatically to de facto marriages. It was planned to review the Matrimonial Property Act fend insert a new part dealing with the devolution *of property after death. An Inheritance Bill would also be introduced. “Some would argue that the State has a role in promoting public morality and that recognition of; de facto marriage devalues legal, marriage”, Mr Palmer said. Yet Parliament already recognised, de facto marriages with social welfare for dependants, and the State would not impose marriage .on those who did not want it.