Canadian couples essentially married without consent

nehalem256

Lifer
Apr 13, 2012
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Many couples in B.C. who live together were likely shocked to find out they were essentially married Monday morning after the province's Family Law Act came into force.

One person's new car becomes "family property" under the act, which grants the same rights to common-law couples who've been living together for two years as already existed for married couples, the Globe and Mail reports.

Common-law couples who have been living together for two years now have equal entitlement to property acquired during the relationship, as well as responsibility for debt. Property acquired prior to the relationship is excluded, the newspaper reported.

The law was drafted as a way to resolve a glut of family cases jamming up the B.C. court system by eliminating many of the legal hurdles that come with a common-law split, the National Post reported.

Common-law spouses are being advised to have "full and frank discussions" with their partners about finances and property, and to come up with a separation agreement in case the couple splits down the road, said the newspaper.

When it comes to children, the Family Law Act states that both parents remain their kids' guardians after separation, with each getting parenting time and responsibilities, said the B.C. government.

Parenting arrangements can also be tailored so that one guardian gets the majority of parenting time, or else they can also work out a "parallel parenting" arrangement where one parent has different responsibilities over their parenting time.

One parent, for example, might deal with a child's education while the other deals with extra-curricular activities, the province said.

EDIT http://www.huffingtonpost.ca/2013/03/18/bc-family-law-act-common-law-married-couples_n_2901068.html

Well if you are going to throw out that thing whole thing about marriage being between a man and woman why not throw out the idea that marriage requires consent? :awe:
 
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LTC8K6

Lifer
Mar 10, 2004
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I guess the marriage ceremony and certificate no longer mean anything then.
 

Jaskalas

Lifer
Jun 23, 2004
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So all roommates are officially "married" in Canada? Or do those never last two years?
 

Jaskalas

Lifer
Jun 23, 2004
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Maybe you missed the part about common law couples? The law in Canada is clearly defined on what constitutes such a relationship.

Meant nothing to me, never heard of common-law couples before. Guess that equates to civil unions. Why wouldn't they be equal under the law? Just common sense.
 

sandorski

No Lifer
Oct 10, 1999
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I think it makes a lot of sense. Especially for Property and Custody issues that may arise in a breakup.
 

Spungo

Diamond Member
Jul 22, 2012
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I think it makes a lot of sense. Especially for Property and Custody issues that may arise in a breakup.

How did Canadians handle this stuff before? In America it's real simple. Not married: not shared. If Joe buys a car and Joe's name is on the title, it's Joe's car. I guess canucks are not fans of simplicity. Joe's car with Joe's name on the title is no longer a clear case of ownership. Joe and his ex Betty get to fight over the car in court and tie up the court system.

Do you guys have legalized gay marriage as well? That would complicate everything. Suddenly all relationships, MM, MW, WW, become marriage after 2 years. Did you ever see that show Friends? Joey and Chandler lived together for almost a decade. That would make them gay common law and deadbeat Joey would get to jack half of Chandler's money.
 
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sandorski

No Lifer
Oct 10, 1999
70,100
5,640
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How did Canadians handle this stuff before? In America it's real simple. Not married: not shared. If Joe buys a car and Joe's name is on the title, it's Joe's car. I guess canucks are not fans of simplicity. Joe's car with Joe's name on the title is no longer a clear case of ownership. Joe and his ex Betty get to fight over the car in court and tie up the court system.

Do you guys have legalized gay marriage as well? That would complicate everything. Suddenly all relationships, MM, MW, WW, become marriage after 2 years. Did you ever see that show Friends? Joey and Chandler lived together for almost a decade. That would make them gay common law and deadbeat Joey would get to jack half of Chandler's money.

Yes, we have Gay Marriage. This does not apply to Roommates.
 
Jan 25, 2011
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How would the State know their actual relationship?

The purpose of the law is to set forth easier standards when dealing with separation. Dissolution of property jointly. Would someone actually contest the validity of the common law application they would be doing so in court at that point. Not that hard to call in a few witnesses to attest to their knowledge of the relationship and if it passed the test to be considered common law.
 
Jan 25, 2011
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I think for common law marriage you generally have to claim you are married. The state doesn't just make the choice for you based on living together.

Not in Canada.

http://en.wikipedia.org/wiki/Common-law_marriage#Ontario

According to the Canada Revenue Agency, as of 2007, a common law relationship is true if at least one[citation needed] of the following applies:
  1. the couple has been living in a conjugal relationship for at least 12 continuous months; the couple are parents of a child by birth or adoption;[citation needed] or
  2. the couple are parents of a child by birth or adoption;
  3. one of the couple has custody and control of the other partner's child (or had custody and control immediately before the child turned 19 years of age) and the child is wholly dependent on that person for support.
 

nehalem256

Lifer
Apr 13, 2012
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I was thinking of the United States

http://en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States#Alabama

Iowa
The three elements of a common-law marriage are: (1) the present intent and agreement to be married; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife. Martin, 681 N.W.2d at 617. The public declaration or holding out to the public is considered to be the acid test of a common-law marriage.

Public declaration of being husband and wife would seem to constitute consent to marriage by the common-law partners. Apparently Canada disagrees that consent is necessary for marriage.
 

zsdersw

Lifer
Oct 29, 2003
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Apparently Canada disagrees that consent is necessary for marriage.

Canada also thinks publicly-funded universal health care is a great idea.

The point: what Canada or any other country agrees or disagrees with doesn't matter to the US.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
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Canada also thinks publicly-funded universal health care is a great idea.

The point: what Canada or any other country agrees or disagrees with doesn't matter to the US.

Oh really?

http://usatoday30.usatoday.com/news/washington/2003-07-07-foreign-usat_x.htm
Writing for the majority in a landmark decision supporting gay civil rights, Justice Anthony Kennedy noted that the European Court of Human Rights and other foreign courts have affirmed the "rights of homosexual adults to engage in intimate, consensual conduct."

Never before had the Supreme Court's majority cited a foreign legal precedent in such a big case. Kennedy's opinion in Lawrence vs. Texas, which was signed by four other justices, has ignited a debate among analysts over whether it was a signal that the justices will adopt foreign courts' views of individual liberties.

Looks like the Supreme Court disagrees with you on that one.
 

nehalem256

Lifer
Apr 13, 2012
15,669
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Yes, really.

Sorry there, but the Supreme Court disagrees with you.

And you health care analogy fails. There is nothing inherent to health care that implies it should/should not be state funded.

Whereas you whole contention before is that marriage inherently needs consent, and it is not just your bigotry that requires it.