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Traditional & Common Law Marriage Essay

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Traditional & Common Law Marriage Essay
The Benefits of Traditional Marriages Compared to
Common Law Relationships

- Law Individual Position Paper -

Name: xxx
Course Code: CLU3M
Teacher: Mr. Logan
Submission Date: January 11, 2013.
The Benefits of Traditional Marriages Compared to Common Law Relationships

Living in a society with freedom comes with many choices to be made, some better than others. Common law relationships are becoming more common than ever, where lovers or cohabiters may live together but not be legally married under the law. The laws applying to the topic of marriage or intimate relationships would be the Family Law Act (FLA) which outlines the rights of spouses during marriage, separation and death, and the Succession Reforms Act (SLRA) which governs wills and estates. Both acts are provincial legislations in Canada that are frequently referred too, to identify the legal rights of a person in a relationship of permanence, under any circumstances. The spouses in traditional marriages compared to common law relationships have some entitlements such as spousal support upon divorce, equalization payment upon separation, and succession rights if the partner passes away intestate.

After a divorce, one may require spousal support, also known as an alimony, in order to support themselves and be economically independent. Both traditionally married and common law couples are eligible for support, however the process in which it is obtained differ. Based on part III of the Family Law Act regarding support obligations, a spouse from a traditionally married couple after separation has the right to receive, or is obligated to pay an alimony. On the other hand, section 29 states the second definition of the word spouse, which is that common laws are required to either live together for more than three years, or prove their intentions of a permanence relationship and have children ("Common Law


Cited: Canada. Financial Consumer Agency of Canada. How prenuptial and Cohabitation Agreements Affect your finances. Web. . . "Canadian Divorce Laws." Common Law Marriage. N.p., n.d. Web. 11 Jan 2013. . Cochrane, Michael G. Surviving Your Divorce. 5th ed. Canada: 2007. 150-164. Print. "Common Law Separation Canada." Canada 's leading resource for couples who are separating. N.p., n.d. Web. 7 Jan 2013. . . "Community Legal Education Ontario." Separation and Divorce or Death of a Spouse: Property Division . N.p., n.d. Web. 11 Jan 2013. . Derbyshire, Natalie, Jacqueline Peeters, and Nicola Savin. "Family Law Toronto Information Resource."Spousal Support. N.p., n.d. Web. 7 Jan 2013. . . "Lawyer Shop." A Common Law Spouse Property Rights When A Common Law Partner Dies Without A Will. Interscope Directories Inc, n.d. Web. 11 Jan 2013. . Ontario. Ministry of Community and Social Services. Welcome to the Family Responsibility Office . 2008. Web.
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