The Issues of Family Law in Australia and New Zealand Assignment

The Issues of Family Law in Australia and New Zealand - Assignment Example The Government riposte that cohabitants should marry misses the point. All cohabitants need to be quite clear as to whether they have any beneficial interest in a property and how to secure it. In Australia3 and New Zealand4 unmarried cohabitants' rights are recognized by legislation, common law, and equity. The principle of unjust enrichment has been utilized in both these countries and Canada.5 Domestic duties alone have never sufficed in English law to found a claim for a beneficial share, whilst they do in Canada under the concept of the remedial constructive trust. Hence in Peter v Beblow6 a woman who cared for her own and her partner's children did the housework and contributed money to the housekeeping was able to keep the house under a constructive trust on the basis that her partner would otherwise be unjustly enriched by her services. In Hammon v Mitchell7- an English case - a woman who did unpaid work for her partner, raised their children and maintained the home as well as supporting him in his speculative ventures failed to acquire any beneficial share. Remedial trusts are imposed where there is a direct link between substantial indirect contributions and the acquisition or improvement of property; otherwise, compensation could be available on a quantum meruit basis. The 'trustee' has a duty to convey the property to the claimant who sues on quasi-contractual gr ounds.   In order to establish an unjust enrichment claim, there needs to be evidence of  enrichment, a corresponding deprivation, and the absence of any juristic reason for the enrichment. Examples of enrichment include household expenses, domestic work and repairs, and maintenance. The courts have not accepted willing assistance.