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Text 4. Common-law marriage
In many jurisdictions, common-law marriage is a legal provis ion whereby two
people who are eligible to marry, but who do not obtain a legal marriage, are nevertheless
considered married under certain conditions. Typically, they are deemed married after living
together openly as a married couple under specified conditions for a specified period of
time. In other juris dictions , the couple are required to have actually s tated their mutual
intent to be presently married. Depending on the jurisdiction, a common-law marriage may
provide special benefits , such as filiation and adoption, inheritance, and division of
property. In some cases the law will impose detriments upon the couple, for instance see
rights and respons ibilities of marriages in the United States.
Australia
In Australia the term de facto marriage is used to refer to relationships between non-
married men and women who are in effect living as husband and wife for a period of time.
Many laws make provision for such relationships, such as social support laws.
Canada
Canadian federal law does not have "common law marriage", but various federal laws
include "common law status," which automatically takes effect once two people (of any
gender) have lived together in a romantic relationship for one full year. Partners may be
eligible for various government benefits of married spouses based upon their relationship
with the individual who is eligible for some type of family based benefit. As family law
varies between provinces, there are differences between the provinces regarding the
recognition of common law marriage.
In Ontario, a common law province, the Ontario Family Law Act specifically
recognizes common law spouses in sec. 29 dealing with spousal support issues; the
requirements are living together for three years or having a child in common and having
"cohabitated in a relationship of some permanence." However, the part that deals with
marital property excludes common law spouses as sec. 2 defines spouses as those who are
married together or who entered into a void or voidable marriage in good faith. Thus
common law partners do not always evenly divide property in a breakup, and the courts
have to look to concepts such as the constructive or resulting trust to divide property in an
equitable manner between partners. Another difference that distinguishes common law
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