Ministry considers changes to position of common-law partners
Amendment would govern division of property when cohabitation ends
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The Ministry of Justice is considering improvements to the judicial position of common-law partners.
The Ministry is hoping the possible changes in law would solve some of the problems related to the division of property and possessions when cohabitation comes to an end.
According to researcher Mette Manninen from the Ministry of Justice's Law Drafting Department, the legislation would still recognise the difference between a marriage and a common-law marriage, even if the possible amendment would narrow the gap between them.
At present, a common-law spouse is left outside the distribution of an inheritance, if there is no will and the couple does not have joint custody of their children. The amendment would administer the division of possessions after a common-law marriage has come to an end.
"For example, if one of the partners in a long-time common-law marriage has been at home minding the children, while the other partner has been in gainful employment, this could be taken into consideration when distributing the property. Movable property, the ownership of which could not be established, would be considered jointly owned."
The possible amendment would purely govern the wealth/judicial sector, and not the position of any children in the relationship.
"A marriage and a registered partnership would continue to give a stronger legal protection to the partners", Manninen established.
The ministry has also contemplated the possibility of registering common-law marriages, but according to Manninen this will not happen.
"At the moment, people choose the common-law option for the very reason that it does not involve rights and obligations in the same fashion as marriage. We have not yet resolved how to deal with such individuals who wish to continue to remain outside the property division regulations", Manninen continues.
The Ministry of Justice dealt with the wealth and judicial problems related to the ending of a common-law marriage already in 2005. At that time a memorandum was prepared that assessed how such problems could be solved through legislative means. A marriage takes into account the economic coherence between the partners. When a common-law marriage ends the starting point is that both partners have the right to keep their own possessions.
According to the memo, also in the regulations concerning the common-law marriage the possibility of jointly-owned belongings should be recognised.
The memo suggests that the use of a distributor of an estate should be made possible also in conjunction with the termination of a common-law marriage.
As yet, things are only at a very early stage, but the Ministry of Justice will begin the preparation of the motion this autumn. According to Manninen, it is too early to predict when the amendment might be brought before Parliament.
Helsingin Sanomat
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| 2.8.2007 - TODAY |
 Ministry considers changes to position of common-law partners |
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