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 referring 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

·       Supporting the other financially

·       Living together

·       Both names on real estate, lease, rental agreement

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

·       Sharing bank accounts, credit cards, utility bills, etc.

·       Vacationing together

·       Planning 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, does activities they don’t like, but the other does

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

·       Put your partner ahead of your parents

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