- Sting for love cheats with Family Law Act reforms
- By Matthew Fynes-Clinton and Norrie Ross
- The Herald Sun
- 13/11/2008 Make a Comment
- Contributed by: The Rooster ( 264 articles in 2008 )
CHEATING husbands could soon be forced to keep funding their mistresses after their affairs end.
This is one of several scenarios arising from new laws next year on broken de facto relationships.
Under reforms to the Family Law Act, de facto partners together for two years will have the same rights as married couples to seek spousal maintenance claims in federal family law courts.
Maintenance, as distinct from child support, may be ordered to be paid by an ex-partner when the other partner is unable to support herself or himself adequately after separation.
But legal experts warn the amended Act - passed in the Senate on Monday - opens the definition of a de facto couple to wide interpretation.
The legislation describes a de facto relationship as an opposite-sex or same-sex couple living together on a "genuine domestic basis".
Yet it also stipulates a de facto alliance can exist even if one of the partners is legally married to somebody else or in another de facto relationship.
Family law expert Chris Forster, of Slater & Gordon, said it would be easier for a mistress to make a claim for spousal maintenance.
He said success would depend on the length of a relationship and the mistress proving a level of financial reliance on her illicit partner.
"I don't imagine there is much prospect of the mistress and the wife fighting over the family home," Mr Forster said.
"If there is priority, I suspect the priority would go to the wife in a situation where a man had a mistress."
Another family lawyer, Paul Hopgood, said the door was ajar for jilted lovers from extra-marital affairs to seek maintenance orders.
"I get high-profile people saying, 'I'm having an (affair) with so and so. I wine and dine her and take her on holidays'," Mr Hopgood said.
"I look after her and it's been going on for five years. But I'm safe. She hasn't got the key to my house.
"You don't have to live in the same house and under the same roof to be a de facto."
This is one of several scenarios arising from new laws next year on broken de facto relationships.
Under reforms to the Family Law Act, de facto partners together for two years will have the same rights as married couples to seek spousal maintenance claims in federal family law courts.
Maintenance, as distinct from child support, may be ordered to be paid by an ex-partner when the other partner is unable to support herself or himself adequately after separation.
But legal experts warn the amended Act - passed in the Senate on Monday - opens the definition of a de facto couple to wide interpretation.
The legislation describes a de facto relationship as an opposite-sex or same-sex couple living together on a "genuine domestic basis".
Yet it also stipulates a de facto alliance can exist even if one of the partners is legally married to somebody else or in another de facto relationship.
Family law expert Chris Forster, of Slater & Gordon, said it would be easier for a mistress to make a claim for spousal maintenance.
He said success would depend on the length of a relationship and the mistress proving a level of financial reliance on her illicit partner.
"I don't imagine there is much prospect of the mistress and the wife fighting over the family home," Mr Forster said.
"If there is priority, I suspect the priority would go to the wife in a situation where a man had a mistress."
Another family lawyer, Paul Hopgood, said the door was ajar for jilted lovers from extra-marital affairs to seek maintenance orders.
"I get high-profile people saying, 'I'm having an (affair) with so and so. I wine and dine her and take her on holidays'," Mr Hopgood said.
"I look after her and it's been going on for five years. But I'm safe. She hasn't got the key to my house.
"You don't have to live in the same house and under the same roof to be a de facto."
Source: https://www.news.com.au/heraldsun/story/0,21985,24638896-661,00.html
1Will not be visible to public.
2Receive notification of other comments posted for this article. To cease notification after having posted click here.
3To make a link clickable in the comments box enclose in link tags - ie.<link>Link</link>.
4To show an image enclose the image URL in tags - ie.<image>https://fredspage.com/box.jpg</image>. Note: image may be resized if too large
To further have your say, head to our forum Click Here
To contribute a news article Click Here
To view or contribute a Quote Click Here