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Difference between revisions of "Marriage (3:III)"
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Common law spouses have certain rights/obligations conferred on them by various statutes and the common law. Each statute may give a slightly different definition of a common law “spouse”. A general rule is that for most federal legislation it takes one year of living together in a “marriage-like relationship” to qualify as common law and for most provincial legislation it takes two years to qualify (See [http://canlii.ca/t/1dz3n ''Takacs v. Gallo'' (1998), 157 D.L.R. (4th) 623] for a summary of the indicators to be considered when determining whether parties have lived in a “marriage-like relationship”; see [http://canlii.ca/t/g87vw ''Matteucci v Greenberg'', 2014 BCSC 1434]; [http://canlii.ca/t/fx5b2 ''Trudeau v Panter'', 2013 BCSC 706] that merely living together does not mean a relationship is marriage-like). | Common law spouses have certain rights/obligations conferred on them by various statutes and the common law. Each statute may give a slightly different definition of a common law “spouse”. A general rule is that for most federal legislation it takes one year of living together in a “marriage-like relationship” to qualify as common law and for most provincial legislation it takes two years to qualify (See [http://canlii.ca/t/1dz3n ''Takacs v. Gallo'' (1998), 157 D.L.R. (4th) 623] for a summary of the indicators to be considered when determining whether parties have lived in a “marriage-like relationship”; see [http://canlii.ca/t/g87vw ''Matteucci v Greenberg'', 2014 BCSC 1434]; [http://canlii.ca/t/fx5b2 ''Trudeau v Panter'', 2013 BCSC 706] that merely living together does not mean a relationship is marriage-like). | ||
