Talk:Common-law marriage
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Canada doesn't have "common law marriage." What it does have is "common law status" which automatically kicks in after two people have lived together for two years. What changed in 1999, after M. vs., H. is that same-sex couples could also have common-law status.
- This subject is a bit more complicated. From what I can see the reference above are to common law relationships under federal law, which does not really have the proper constitutional competence to deal with effects of marriage issues. The provinces have laws that vary, so I have put in a paragraph about Ontario. What is the difference between saying that someone has common law status v. common law marriage? I am not sure. Alex756
Obligations
I see that there are rights for these couples. Are there obligations such as going thru some process of divorce to break up?
- Yup (at least in the US; dunno about other places). Once a couple is "common-law married", they are married just the same as any other method of marriage. Jpgordon 15:53, 17 Sep 2004 (UTC)
Yes, once a marriage is established a divorce is necessary. However if you just shack up for a couple years and are never married no divorce is necessary. You just break up like any other breakup. Once you break up and a year passes it proof no marriage ever existed.
- I see that in the text: "Additionaly after the relationship dissolves a statute of limitations of 1‒2 years proves a marriage never existed. After said time it is positively shown that an agreement to be married never existed." But this isn't the common use of the term statute of limitations. If one files a tax return as married (under common law) and then breaks up and a year passes, do they have to ammend the return? When I was trained in tax preparation I was told that a couple who is married under common law must continue to file a tax return as married until they receive a court order. Now it's perfectly possible that I was taught incorrectly, but http://www.ct-divorce.com/Commlaw.htm says the same thing I was taught: "There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. That means, in all 50 states of the United States, only by a court order." I've done a quick google search for "statute of limitations common law marriage" and couldn't find anything, so I'd definitely like to see a link. anthony 警告 19:19, 17 Nov 2004 (UTC)
OK, here's a quote: "Statute of Limitations: If a lawsuit alleging a common law marriage is not commenced within two years after the parties separated and ceased living together, it is 'rebuttably presumed' that they did not agree to be married." That is incredibly different from saying that this "proves a marriage never existed". I'll update the article...somehow... anthony 警告 19:23, 17 Nov 2004 (UTC)
United States Jurisdictions
This section would be greatly improved, IMHO, by a list of the '10 jurisdictions'. I'd do it myself, but as an Aussie, there's not a lot I know about US law. Lokicarbis 03:45, Mar 11, 2005 (UTC)