Are You Common Law?

The Family Law Act says that people become “spouses” if they live in a “marriage-like” relationship for at least 2 years.  But what’s “marriage-like”?

A lot of cases have pondered this question, and have come up with various qualities which demonstrate a “marriage-like” relationship. Judges call these the “badges of marriage”.   Here’s the most common list – but you don’t need every one to make a marriage:

·       Publicly refer to the relationship (eg, introduce the other person as “spouse”, “partner”, putting other on medical insurance, putting other on income tax return, etc.)

·       Sexual exclusivity

·       Support the other financially

·       Live together

·       Both names on real estate / lease / rental agreement

·       Own property together (real estate, car, etc.)

·       Share bank accounts / credit cards / utility bills, etc.

·       Vacation together

·       Plan their future together

·       Shared child-care responsibilities

In most cases it’s a holistic analysis: No sex doesn’t mean you’re not married (you could be English).   Just think what people do for and with spouses that we don’t do for and with mere “dates”.  Here is the “Harding” list:

·       He disciplines her kids & she disciplines his

·       His kids call her “Mom” & hers call him “Dad”

·       No distinction between “yours”, “mine” & “ours”

·       Love each other

·       Honour each other

·       Provide physical & emotional support to each other

·       In sickness & in health

·       Exclusive relationship (polyamory is another blog)

·       Intend relationship to last until death (not a vacation fling)

·       Stay together even when fighting or unhappy

·       He buys her “feminine” products

·       Each cooks stuff or does activities they don’t like, but the other does

·       When they visit each other’s family, they sleep together

·       Put their partner ahead of their parents

·       Paperwork: medical, dental, life insurance, emergency contact

The difference between a “marriage-like relationship” and dating, or being roommates isn’t always clear. The family lawyers at Clear Legal have been helping clients demonstrate the difference since 1990. Give us a call