With the massive upsurge in societal shifts and pluralist lifestyles over the past couple of years, several alternatives have come to light in Canada that have served the purpose of paving way for accommodating flexibility in the institution of marriage.
So basically, there are two sides to the line. On one side of the line, the partners are not obligated to fulfill any duties on the finalization of their divorce or separation, while on the other side of the line when the partners are legally married to each other, they are obligated to meet their spousal and child support duties.
If truth be spoken, informal romantic relationships are not the problem but the trouble begins when such relationships break down. The courts are then posed with the task of evaluating the seriousness of the relationship in order to determine whether the spousal support and childcare duties are to be enforced.
This blog article looks over the case of Haughton v. Corner in order to understand the methods of assessing the seriousness of a relationship.
What If The Parties Do Not Agree That They Were Partners?
In Haughton, the parties were in a romantic relationship from 2007 till 2019. During this period, the parties used to live in each other’s houses. When their relationship ended, the applicant claimed spousal support to which the respondent told that their relationship was more like “friends with benefits”.
Whereas the applicant established that they presented themselves as a couple to their friends and family. Not only this but also, they managed household finances together and were presented Christmas cards by people referring them as a couple.
The Test Is Done By The Court To Determine The Seriousness Of The Relationship Between The Partners
Technically, it is difficult to determine the seriousness of the relationship in a “marriage-like relationship” or “non-ceremonial marriage”. It is pertinent to note here that this is a ruling for temporary spousal support, that will be in effect only temporarily, pending the outcome of a complete trial.
The court stated early on in its conclusion that the applicant just had to demonstrate that she has a case to make on the balance of possibilities; the applicant did not have to show all of her arguments while seeking temporary support.
Defining Spouse
In light of this, the court made the attempt to specify what qualifies as a “spouse” in legal terms. According to the Family Law Act, common-law couples are declared as spouses if a conjugal relationship exists between them for no less than three years, or if the couple has a committed relationship, has lived together for a specific period and there is a child as a result of that relationship.
Cohabitation is defined as residing “together in a conjugal relationship, regardless inside or outside of marriage,” according to the law. A conjugal relationship does not merely mean cohabitation. It encompasses sharing of a home, parental duties, and financial rights and duties.
How A Conjugal Relationship Is Determined?
Three elements have been deemed by the courts to be important in determining whether a relationship is conjugal over time. Which are:
- exclusivity toward one another;
- spending time together as a spouse including sleeping, shopping, gardening, cooking, and housekeeping; and
- showing themselves to their friends in that way (like partners)
How Did The Court Analyze The Instant Case?
After considering the respective claims of the applicant and respondent, the court went on to believe that the respondent’s account regarding the relationship was untrue. The evidence included the pictures of the partners, the couple had also given bank loan applications that were backed by the respondent, and bills for significant household items.
Moreover, while living together the applicant managed to spend on household bills and household products in lieu of paying rent. This prompted the court to emphasize that a split of expenses would be yet another way to define that.
Having noted that, the court declared the parties as a couple. The next step is the determination of the time period for which they have cohabitated as it influences the amount of spousal support that has to be paid.
Contact The Lawyers At Ayaz Mehdi Professional Corporation
For a tailored analysis of your situation, please speak with one of our family lawyers at Ayaz Mehdi Professional Corporation for professional legal advice depending on your type of marital union.
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