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Canadian Thread: Automatic Common Law Marriage
07-27-2014, 09:05 AM
It varies by province. But be aware that there are two kinds of common law. The first is for income tax reporting and is no big deal, the second is for spousal support.
In Alberta it kicks in after 1 year for income tax reporting and 3 years for spousal support.
I think I've also heard of cases where alimony was awarded when the couple wasn't even living together! The guy had his own separate house but spent a "significant" amount of time at her dwelling and they had a "marriage like" relationship according to "the community" (I.e. her friends and family)
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Canadian Thread: Automatic Common Law Marriage
07-27-2014, 09:30 AM
I suppose the thing to do is if you are going to live with a gitl for some reason,
sign a cohabitation agreement that clarifies no alimony and no common law marriage. Sucks to be litigous, but they dont leave any choice with laws like this.
Or even better, don't let a girl move in with you. I don't see the point in allowing it if you arent going to marry her, which is already a bad idea in the west for several reasons.
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Canadian Thread: Automatic Common Law Marriage
07-27-2014, 10:30 AM
Texas got this from Mexico, if I recall correctly. We have had this for quite some time now. If you live in states like this and have a nice house, I wouldn't recommend running hoes through your house. Fuck them at their place. Even if there is junk all over the place. Getting them enticed about living with you is how mess gets started. Another reason why parking your car in your garage and not outside is important too, but I digress.
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Canadian Thread: Automatic Common Law Marriage
07-27-2014, 11:26 AM
How are the courts interpreting the "emotional support" cited in the original post (inside the jpg, orange box).
Does she have to present psychologists that confirm her emotional dependency?
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Canadian Thread: Automatic Common Law Marriage
07-27-2014, 11:50 AM
Laws like this make it possible for women to have security without getting married to men. Alimony makes it possible for women to divorce without taking a financial blow, and child support makes it possible for a woman to divorce without having to worry about the well being of her kids. Such policies weaken marriage and contribute to divorce rates.
In countries where there is no welfare, little alimony, and imperfect child support, marriages tend to do better and families tend to be more important.
The more you make marriage economically unnecessary by providing ways to receive a man's resources without calling him your husband, the weaker families and marriages become.
I'm not even taking a stance on the issue, just saying that this kind of policy weakens the family unit.
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Canadian Thread: Automatic Common Law Marriage
07-28-2014, 10:19 AM
The bit the OP posted was from Citizenship and Immigration Canada, who deal with.... citizenship and immigration issues. No doubt there are some common law marriage provisions that are taken into account in general, but the original article described who could be considered a "spouse" for purposes of immigration. This status is generally considered an advantage to be sought out. For example, if a Canadian citizen meets a girl abroad and wants her to move back with him to live in Canada they would only need to have lived together for a year for the girl to be considered a spouse for purposes of immigration. It will still take the "hard workers" at CIC a year or even more to process the application, but it would nevertheless be substantially faster than those sitting in the general immigration queue.