This article tells us that, in the state of Victoria, family law now provides that common-law couples now have the same rights and duties as married couples (Daily Mail, 11/9/09).  So when a Melbourne businessman broke up with his mistress of 20 years, she sued him and received a court order that he pay her £55,000.  The actual legal basis for the suit is not made clear by the article.  On one hand it seems that the breakup made the woman "sad," which sounds like a tort action.  She also claims that the man always told her he'd take care of her, which makes it sound like a contractual claim.  On yet another hand, given that the suit seems to be a creature of the Family Law Act, it sounds like alimony.

Whatever the case, the woman had a job and a house the whole time.  The man had a wife.  He also paid his mistress a four-figure monthly allowance.  Somehow, the woman seems to believe that that arrangement shortchanged her.  It seems she provided him "emotional support" and that's why she thinks he owes her now.  Of course it should go without saying that, in addition to cash, he provided her emotional support as well; otherwise, why did she carry on with him for 20 years?  So why the emotional support issue isn't a wash, I don't know.

Victoria has expanded the rights of unmarried couples.  Does that mean that unmarried fathers have the same rights that married fathers do?  In the U.S. marriage can make an enormous difference in whether a father has real parental rights or not.  

In Victoria, extension of marital rights to unmarried couples clearly encourages people to not marry.  Is that what Victoria wants?  It must be, given the change in the law.  And it's worth mentioning that, over many decades, it's been the goal of many radical feminists who loudly proclaimed the family to be the seat of women's oppression.  Maybe it's just a coincidence that Victoria has taken a step in that direction, but somehow I doubt it.

Thanks to Duncan for the heads-up.

This entry was posted on Thursday, November 12th, 2009 at 10:05 am and is filed under Alimony/Spousal Support. You can trackback from your own site.