Unmarried Spouses: Difference between revisions
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{{JP Boyd on Family Law TOC|expanded = relationships}} | {{JP Boyd on Family Law TOC|expanded = relationships}} | ||
The provincial ''Family Law Act'' defines ''spouse'' as including married spouses and unmarried couples, providing that the unmarried couple has lived together in a "marriage-like relationship" for at least two years, or lived together for less than two years if they have had a child. Because the federal ''Divorce Act'' only applies to married spouses, all of the rules that apply when unmarried relationships end are found in the ''Family Law Act''. | The provincial ''Family Law Act'' defines ''spouse'' as including married spouses and unmarried couples, providing that the unmarried couple has lived together in a "marriage-like relationship" for at least two years, or lived together for less than two years if they have had a child. Because the federal ''Divorce Act'' only applies to married spouses, all of the rules that apply when unmarried relationships end are found in the ''Family Law Act''. | ||
This page talks about what it means to be in an unmarried spousal relationship, and looks at how the issues of spousal support, children and child support, and assets and debts are usually dealt with. This page also discusses unmarried spouses' entitlement to government benefits. | This page talks about what it means to be in an unmarried spousal relationship, and looks briefly at how the issues of spousal support, children and child support, and assets and debts are usually dealt with. This page also discusses unmarried spouses' entitlement to government benefits. | ||
This page only | This page only talks about the legal issues involved when a relationship breaks down. The ______ page talks about the emotional issues that come up when a relationship ends and how those issues can impact on the resolution of the legal issues. | ||
==Introduction== | ==Introduction== | ||
The legal rights and responsibilities people in an unmarried relationship owe to each other are described in different laws, and different laws have different definitions of what it means to be a ''spouse'' or a ''common-law partner''; a couple might meet the test under one law but not under another. The really important question is this: ''Do I qualify as a | The legal rights and responsibilities people in an unmarried relationship owe to each other are described in a number of different laws, and these different laws have different definitions of what it means to be a ''spouse'' or a ''common-law partner''; a couple might meet the test under one law but not under another. The really important question is this: ''Do I qualify as a "spouse" under this particular piece of legislation?'' | ||
As a result, although married couples are always married spouses, unmarried couples aren't always unmarried spouses. For example, the federal ''Income Tax Act'' defines spouse as including people who have cohabited for one year, while the provincial ''Employment and Assistance Act'' defines spouse as including people living together for three months if | As a result, although married couples are always married spouses, unmarried couples aren't always unmarried spouses. For example, the federal ''Income Tax Act'' defines spouse as including people who have cohabited for one year, while the provincial ''Employment and Assistance Act'' defines spouse as including people living together for three months if a welfare caseworker believes that their relationship demonstrates "financial dependence or interdependence, and social and familial interdependence". | ||
Regardless of a couple's federal or provincial status under these rules, it is not true that being an unmarried spouse or common-law partner means that you are legally married. Being married involves a formal ceremony and certain other legal requirements like a marriage licence. Without that ceremony and that licence, unmarried spouses will never be married, no matter how long they've lived together. | Regardless of a couple's federal or provincial status under these rules, it is not true that being an unmarried spouse or common-law partner means that you are legally married. Being married involves a formal ceremony and certain other legal requirements like a marriage licence. Without that ceremony and that licence, unmarried spouses will never be married, no matter how long they've lived together. | ||
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===Federal Legislation=== | ===Federal Legislation=== | ||
Most federal laws distinguish between ''spouses'', people who are legally married, and ''common-law partners'', who aren't. Qualifying as a common-law partner might mean that you are entitled to a share of your partner's CPP credits, receive Old Age Security survivor's | Most federal laws distinguish between ''spouses'', people who are legally married, and ''common-law partners'', who aren't. Qualifying as a common-law partner might mean that you are entitled to a share of your partner's CPP credits, receive Old Age Security survivor's benefits or the spouse amount for the GST Credit. | ||
In general, you must have lived with your partner for at least one year to qualify as a common-law partner. Here's the definition from the ''Old Age Security Act'': | In general, you must have lived with your partner for at least one year to qualify as a common-law partner under federal legislation. Here's the definition from the ''Old Age Security Act'': | ||
<blockquote><tt>"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year.</tt></blockquote> | <blockquote><tt>"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year.</tt></blockquote> | ||
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Family law in British Columbia doesn't talk about people who are ''common-law spouses'' and never has. Once upon a time, people could marry each other and create a legal relationship simply by agreeing to marry, without getting a licence from the government or having a particular kind of ceremony. Because the rights between the spouses came from principles established by the common law, these were known as common-law marriages. Common-law marriages were valid in England until the ''Marriage Act'' of 1753, better known by its full flowery name, ''An Act for the Better Preventing of Clandestine Marriage''. | Family law in British Columbia doesn't talk about people who are ''common-law spouses'' and never has. Once upon a time, people could marry each other and create a legal relationship simply by agreeing to marry, without getting a licence from the government or having a particular kind of ceremony. Because the rights between the spouses came from principles established by the common law, these were known as common-law marriages. Common-law marriages were valid in England until the ''Marriage Act'' of 1753, better known by its full flowery name, ''An Act for the Better Preventing of Clandestine Marriage''. | ||
Normally I wouldn't make a fuss about terminology like this, except that the phrase kind of suggests that there are | Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain of rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two and a half centuries. What's really important is whether a couple are ''spouses'' under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute. | ||
There is no such thing as a common-law spouse or a common-law marriage in British Columbia. If you're a spouse, it's because of s. 3 of the ''Family Law Act''. | There is no such thing as a common-law spouse or a common-law marriage in British Columbia. If you're a "spouse", it's because of s. 3 of the ''Family Law Act''. | ||
==Qualifying as an Unmarried Spouse== | ==Qualifying as an Unmarried Spouse== | ||
It's usually pretty hard to argue that you're not married if you're a married spouse. It's a lot easier for unmarried couples to argue about the status of their relationship, and the stakes might be quite high. If a couple were just roommates, for example, neither will be able to ask for a share of the family property or for a contribution to the family debt, and neither will be able to ask the other to pay spousal support. | It's usually pretty hard to argue that you're not married if you're a married spouse. It's a lot easier for unmarried couples to argue about the status of their relationship, and the stakes might be quite high. If a couple were just roommates, for example, neither of them will be able to ask for a share of the family property or for a contribution to the family debt, and neither will be able to ask the other to pay spousal support. | ||
===Living Together=== | |||
This requirement of an unmarried spousal relationship is fairly self-explanatory. An unmarried couple who have lived together and had a child together are spouses who are eligible to ask for spousal support, regardless of how long or how short a period of time they lived together. An unmarried ocupe | |||
spouses for pppty | |||
The only thing that needs to be pointed out is that the two year period doesn't need to be continuous. On the other hand, if a claim is based on the parties being common-law spouses, the court will probably examine the nature of the relationship in more detail. A gap of a three of years in the middle of the two years a couple are supposed to have lived together probably won't cut it. | |||
===A Marriage-Like Relationship=== | ===A Marriage-Like Relationship=== | ||
