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edits
Difference between revisions of "Unmarried Spouses"
From Clicklaw Wikibooks
→A Marriage-Like Relationship
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*'''Shelter:''' | *'''Shelter:''' | ||
Did the parties live under the same roof? What were the sleeping arrangements? Did anyone else occupy or share the available accommodation? | |||
*'''Sexual and Personal Behaviour:''' | *'''Sexual and Personal Behaviour:''' | ||
Did the parties have sexual relations? If not, why not? Did they maintain an attitude of fidelity to each other? What were their feelings towards each other? Did they communicate on a personal level? Did they eat their meals together? What, if anything, did they do to assist each other with problems or during illness? Did they buy gifts for each other on special occasions? | |||
Services: | *'''Services:''' | ||
What was the conduct and habit of the parties in relation to, the preparation of meals, washing and mending clothes, shopping, household maintenance and other domestic services? | What was the conduct and habit of the parties in relation to, the preparation of meals, washing and mending clothes, shopping, household maintenance and other domestic services? | ||
Social: | *'''Social:''' | ||
Did they participate together or separately in neighbourhood and community activities? What was the relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties? What was the attitude and conduct of the community toward each of them and as a couple? | Did they participate together or separately in neighbourhood and community activities? What was the relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties? What was the attitude and conduct of the community toward each of them and as a couple? | ||
Economic Support: | *'''Economic Support:''' | ||
What were the financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life? What were the arrangements concerning the acquisition and ownership of property? Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship? | What were the financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life? What were the arrangements concerning the acquisition and ownership of property? Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship? | ||
Children: | *'''Children:''' | ||
What was the attitude and conduct of the parties concerning children? | What was the attitude and conduct of the parties concerning children? | ||
In a nutshell, where common-law status is disputed, the court will enquire as to how the couple represented themselves to their family and friends, and as to the nature of their financial relationship and household relationship. Did the couple present themselves as a family unit and conduct their personal affairs as a family unit? The judge in a 2003 case from Saskatchewan Court of Queen's Bench, ''Yakiwchuk v. Oaks'', expressed the difficulty of determining what is and what is not a marriage-like relationship this way: | In a nutshell, where common-law status is disputed, the court will enquire as to how the couple represented themselves to their family and friends, and as to the nature of their financial relationship and household relationship. Did the couple present themselves as a family unit and conduct their personal affairs as a family unit? The judge in a 2003 case from Saskatchewan Court of Queen's Bench, ''Yakiwchuk v. Oaks'', expressed the difficulty of determining what is and what is not a marriage-like relationship this way: | ||
