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Today’s question: We have lived happily together for a while so why should we bother getting married?

Quite apart from the obvious proclamation of love, that will strengthen your relationship, unlike defacto rights (or possible lack thereof), a marriage offers protections under the law.

Rights for a couple in a couple in a de-facto marriage are not the same as for a legally married couple as a defacto partner may not be recognised as the next-of-kin .

With a marriage, you are immediately the next-of-kin, and so, given protection under the law with regards to property, assets, inheritance, insurances, medical care and so much more.

If for instance there is a medical emergency and you are required to make decisions for your partner but another relative arrives, that relative may be identified as the next of kin instead of you and so is able override your decisions; or if your partner had been married before but not divorced, the ex-partner remains the legal next of kin and so in those same circumstances could be in charge of life & death decisions.

Then of course, what if someone dies? The next of kin has rights in regard to property, assets, inheritance, insurances, that may override that of a partner and a legal battle might result between partner and legal next-of-kin.

There was the horrible incident of a man in Adelaide whose parents did not approve of his relationship and had not spoken to him or his partner for 17 years. The man took seriously ill and the partner of some 18 years, phoned the estranged parents out of respect and concern. The parents soon after arrived at the hospital and as next of kin, enforced their authority, excluding the partner from medical decisions or even visiting the patient and upon the poor man’s subsequent death, also excluded the partner from the funeral and made no mention of the relationship at all in the eulogy. The couple had a home together but no Will and so the next of kin became the beneficiaries of the estate and subsequently attempted to evict the grieving partner from the jointly owned home and/or force a sale of the home even though it remained the grieving partner’s home.

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