By VERNON SMALL deputy political editor
The Government is backing away from plans to wipe the words "husband," "wife" and "marriage" from revamped matrimonial property law and is prepared to include a tighter definition of a de facto marriage.
But Attorney-General Margaret Wilson is scotching suggestions that there will be substantial changes to the bill, which puts de facto and same-sex couples on a similar footing to married couples when there is a breakup.
Ms Wilson said she would not oppose recommendations from the select committee considering the bill that the legislation include the terms husbands, wives and marriage. But she did not see any need to have different types of relationships covered by separate sections.
The willingness to change the language came after criticisms that the Government was debasing the institution of marriage by using only the generic word "partner" in the draft law.
But Jools Joslin, who has campaigned for gay and lesbian couples' right to marry, told the select committee that she strongly opposed the use of "husband and wife" in the law, because that would effectively reintroduce discrimination.
Ms Wilson said Ms Joslin was technically right and it potentially clashed with New Zealand's international obligations.
"But at the same time life isn't always rational or neat and tidy, and you have got to respect people's sincerely held views."
Opposition leader Jenny Shipley welcomed the move. She said National had other concerns about the law change, but if it secured property rights for all relationships while recognising the special position of marriage, there was a good chance it would broadly address her concerns.
National's justice spokesman, Tony Ryall, said the section that gave the Opposition the most angst was the provision allowing judges discretion to vary a basic 50/50 property split after a breakup. For example, an unequal division could compensate a partner who stayed home to care for children.
But while the Law Commission argued that the section would have limited application, Opposition MPs said family law practitioners predicted a big increase in litigation.
The commission joined other submitters, including the family law section of the Law Society, in calling for a better definition of de facto. The bill defines it as "living together in a relationship in the nature of marriage."
Several submitters pointed to the New South Wales model, which defines a de facto relationship as two people living together as a couple who are not married or related by family.
It also outlines circumstances to be taken into account in deciding if a relationship exists such as its duration, a common home, a sexual relationship, financial arrangements, ownership of property, care and support of children, household duties and the relationship's "reputation and public aspects."
Husbands, wives and marriage return as minister relents
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