Preview

Traditional & Common Law Marriage Essay

Better Essays
Open Document
Open Document
1233 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
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.
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Better Essays

    Argumentative Essay: Cohabitation Vs. Marriage
    • 1208 Words
    • 5 Pages

    Argumentative Essay: Cohabitation Vs. Marriage

    If a person traveled back in time and observed a couple, he might see a women sitting at home cooking a large meal for her ten children and husband to arrive home to. In today’s era, both parents in a relationship are working. This economic change leads to both partners feeling financially independent and stabile. When marriage arises, generally both partners’ income is combined. Between two people, two incomes, they become even more financially stable, as opposed to one income each. If two were to divorce, then situations may become sticky financially because each partner pays for a lawyer, and every possession becomes divided in half. Marriage comes with good financial perks such as, couples receive more tax benefits filling jointly, two incomes as opposed to one, and split bills. But with good comes bad, like the money spent on the wedding, first home, or in some cases divorce…

    • 1208 Words
    • 5 Pages
    Better Essays
    Read More
  • Powerful Essays

    BarbaraPerez88 PA201 Unit9 Assignment Doc
    • 1745 Words
    • 7 Pages

    BarbaraPerez88 PA201 Unit9 Assignment Doc

    The third source I found is FAMILY TIES: Family Law Practitioners Await Clarification of Nonparental Rights, Or. St. B. Bull. 9 (2000).…

    • 1745 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Examine the Reasons for Changes in the Patterns of Marriage and Cohabitation in the Last 40 Years Essay Example
    • 929 Words
    • 4 Pages

    Examine the Reasons for Changes in the Patterns of Marriage and Cohabitation in the Last 40 Years Essay Example

    In order to assess reasons for the changes in the patterns of marriage and cohabitation; it is necessary to first establish the term marriage and cohabitation. Marriage is traditionally conceived to be a legally recognized relationship, between two consenting adults, that carries certain rights and obligations. Cohabitation is an arrangement whereby couples who are not legally married live together in partnership within the common law. Cohabitation has become so widespread that the term itself is now rarely used. I will now critically examine the changes in the patterns of marriage and cohabitation in the last 40 years or so.…

    • 929 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Examine the Reasons for changes in Cohabiatation and Marriage in the last 40 years
    • 918 Words
    • 4 Pages

    Examine the Reasons for changes in Cohabiatation and Marriage in the last 40 years

    Over the last 40 years marriage rates have declined significantly while the number of couple’s cohabitating has risen rapidly. This is due to our changing society where equality, laws, social acceptance and religions have all contributed into the way we view marriage and relationships. In the 1970’s there were around 400,000 first marriages whereas, in 2011, there were 248,000. The average ages of people getting married have also increased from 25 for men and 23 for women in 1961 to 36 for men and 33 for women in 2011. Cohabitation is a big factor in the decreasing number of marriages with people using it as either an alternative to marriage entirely, or a ‘trial marriage’ which just delays the time of a couple’s marriage.…

    • 918 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Bis303 Week 7 Casestudy - Marriage and Family
    • 740 Words
    • 3 Pages

    Bis303 Week 7 Casestudy - Marriage and Family

    How is “his” divorce different from “her” divorce? How are these differences related to society’s gender expectations? In your observation, are the descriptions given in this chapter accurate assessments of divorce outcomes for men and women today?…

    • 740 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Evaluate How Effectively The Law Resolves Conflict In Family Relationships
    • 1123 Words
    • 5 Pages

    Evaluate How Effectively The Law Resolves Conflict In Family Relationships

    Marriage is a legal institution, and individuals who intend to marry must take into consideration the legal consequences of this union. Individuals need to understand the legal responsibilities if a separation occurs such as relationship breakdowns and divorce. Divorce is the legal termination of a marriage. Under the Family Law Act 1975 (Cth) the only grounds for divorce is the breakdown of the marriage. However prior to this, married couples who wanted to divorce had to apply under the Matrimonial cause Act 1959 Cth on the grounds of ‘fault’ such as…

    • 1123 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    Divorce and Religion in Canada
    • 3093 Words
    • 13 Pages

    Divorce and Religion in Canada

    4. McKie, D, Prentice, B & Reed, P. (1983). Divorce: Law and the Family in Canada. Ottawa: Statistics Canada.…

    • 3093 Words
    • 13 Pages
    Better Essays
    Read More
  • Good Essays

    Fault-Based Divorce
    • 462 Words
    • 2 Pages

    Fault-Based Divorce

    Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems…

    • 462 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Divorce: Marriage and Prince Edward Island
    • 365 Words
    • 1 Page

    Divorce: Marriage and Prince Edward Island

    The history of the legalization of divorce in Canada predates that of its colonial overseer, England, where it was only in 1857 that divorce was legislated, mainly on grounds of adultery. Nova Scotia, New Brunswick, and Prince Edward Island respectively enacted divorce laws in 1761, 1791, and 1837, generally on grounds of adultery (Wu & Schimmele, 2009). It was not until 1968 that Canada enacted its first unified Federal Divorce Act, which was followed by the more liberal or no fault act of 1985 and it was mentioned that the sole reason for divorce is marriage breakdown, which is defined as either living apart for at least one year, or committing adultery, or treating the other spouse with physical or mental cruelty. Though divorce rates have not increased recently in Canada, the number of divorced persons is however increasing with…

    • 365 Words
    • 1 Page
    Good Essays
    Read More
  • Better Essays

    Racism In The Great Gatsby
    • 1392 Words
    • 6 Pages

    Racism In The Great Gatsby

    But generally fruitful person is able to receive rewards and these come in the form of subsidies for married couples who have dependants. For those with families that deviate from the norm, penalties include the legal requirement to support one’s family, and legal and monetary requirements that make divorce expensive. In addition to that, the supposition that married people live more inexpensively as compared to singles may act as a guide to two single people getting bigger support: cohabitation principles, giving people who live together preferential treatment, making them feel married is a technique used to ensure fair play with married…

    • 1392 Words
    • 6 Pages
    Better Essays
    Read More
  • Best Essays

    Examples Of Homelessness In Canada
    • 3035 Words
    • 13 Pages

    Examples Of Homelessness In Canada

    • Laws in most provinces now recognize a couple 's legal status as common law after they have been together for a specific period of time usually one to two…

    • 3035 Words
    • 13 Pages
    Best Essays
    Read More
  • Good Essays

    Divorce In Canada
    • 237 Words
    • 1 Page

    Divorce In Canada

    Divorce has become an increasingly common experience in the lives of parents and children. In the 1960s, the divorce rate in Canada quite rated. However, according to Dumas and Peron (1992), in the period of the end of the 1960s and the mid 1980s, the divorce rate grew dramatically, five time increase. Bureau of Review (1990) showed that the number of couples divorcing in Canada was nearly one third of all marriages. In the statistics reported in the 1980s and 1990s, parental divorce in Canada was 262 per 100,000 people (Statistics, Canada, 1997) and there were approximately 74,000 kids became “children of divorce”.…

    • 237 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Family Separation And Divorce
    • 1893 Words
    • 8 Pages

    Family Separation And Divorce

    The statistics of family separation in Canada are also quite serious because 50% of the people who are married believe that their own unions will not survive to see their 30th marriage anniversary (Urquia et al, 2013). In overall, at least seventy percent of the citizens who have faced or undergone family separation in Canada admit that they have not intentions of salvaging their marriage or even getting married for the second…

    • 1893 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Good Essays

    Domestic Abuse In America
    • 553 Words
    • 3 Pages

    Domestic Abuse In America

    The separation of spousal couples, commonly called divorce, has created its own world of problems within society. When a couple with children separates, it often results in court cases and the children feeling the pressure of choosing a parent to side with. Often times, the children will become angry with one or both parents which can result in loss of contact once the child is an adult and is an event that can cause marriages of the effected children to fail. For example, up to 22% of women have been divorced and 21% of men (“Actual Divorce Rate and Risk”). Though the percentages may seem low, the…

    • 553 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    Let's Call The Whole Thing Off Analysis
    • 1182 Words
    • 5 Pages

    Let's Call The Whole Thing Off Analysis

    First, the author examines the ideas of marriage through medieval times, which was rarely focused around love and actually focused more on gaining land or money. Men simply lost payment for ending an engagement while the woman lost social credibility. In this event the man would be sued and forced to verify the women’s virtue, allowing the event of another engagement to occur. This law was then adopted by Canada but with more detailed reasons where the man is able to verify that the woman slept with other men before the engagement, allowing the man to end the engagement. Throughout years this law has since faded during the sexual revolution of the 60s and also social growth in which women no longer require a marriage to be successful. Johnston concludes the article by stating that Canada has since demolished allowing lawsuit to occur due to a “Breach of Promise”…

    • 1182 Words
    • 5 Pages
    Better Essays
    Read More

Related Topics