Vancouver Marriage Like Relationship Lawyers 604-602-9000
Vancouver Marriage Like Relationship lawyers deal with when and if parties entered into a “common law” or “marriage like relationship and when and if it ended. Unlike a marriage, a Vancouver common law relationship called a Vancouver “marriage like relationship” doesn’t have an easily identifiable start date. The best Vancouver Marriage Like Relationship lawyers can help protect you when hundreds of thousands and even millions of dollars can be at stake.
Cohabitation Agreements Drafted By Top Vancouver Marriage Like Relationship Lawyers Can Save You Millions
Vancouver Marriage Like Relationship lawyers can also help you negotiate and draft cohabitation agreements in advance of liability to pay spousal support and property compensation. The cost of such a Vancouver cohabitation agreement is a faction of the cost of litigating it later when you break up.
Our Vancouver Marriage Like Relationship lawyers Will Explain Key New Rules To You
The Vancouver Marriage Like Relationship lawyers at MacLean Law also know a variety of factors have to be looked at to determine when or if a common law or marriage like relationship exists. People ask our Vancouver Marriage Like Relationship lawyers what their rights are to child support, spousal sup[port and property division. Our Vancouver Marriage Like Relationship lawyers explain that spousal support is now payable if a child is born of a marriage like relationship even if it is less than 2 years in duration. Since March 2013, common law spouses living in a marriage like relationship lasting longer than 2 years have the same property rights as married spouses. Finally, spousal support liability exists once the relationship lasts for over 2 years if no child has been born of the common law relationship.
Strict deadlines to make claims apply to Vancouver common law marriage claims so meet with us immediately if you are separating. Click here to meet with us or call us at any of our 5 offices across BC in Vancouver, Surrey, Richmond, Kelowna and Fort St John, BC toll free 1-877-602-9900.
What Factors Do Our Vancouver Marriage Like Relationship Lawyers Look At To See If You are In A Common Law Relationship?
Our Vancouver Marriage Like Relationship lawyers focus on social, sexual and financial factors in support and property division disputes involving potential common law spouses in a marriage like relationship? Our highest court established new rules for determining this very important issue:
[34] A recent decision of the Court of Appeal has set out the approach to be taken when deciding whether there has been a marriage-like relationship, beginning with the issue of the financial relationship between the parties (Weber v. Leclerc, 2015 BCCA 492):
[21] With respect to the question of whether financial dependence or interdependence was a requirement of a marriage-like relationship, Frankel J.A., speaking for the Court [in Austin v. Goerz, 2007 BCCA 586], said:
[55] While financial dependence may at one time have been considered an essential aspect of a marital relationship this is no longer so. Today marriage is viewed as a partnership between equals and there is no principled reason why marital-equivalent relationships should be viewed differently.
[56] Mrs. Austin relies on Gostlin v. Kergin [(1986), 3 B.C.L.R. (2d) 264 (C.A.)] … and Takacs v. Gallo [(1998), 48 B.C.L.R. (3d) 265 (C.A.)] …. While the need to examine the financial relationship between the parties is discussed in both, in neither do I find support for the proposition that a marital-equivalent relationship cannot exist absent some level of financial dependence.
[57] Apposite is the more recent decision of the Supreme Court of Canada in M. v. H., [1999] 2 S.C.R. 3, which concerned that portion of the definition of “spouse” in the Family Law Act, R.S.O. 1990, c. F. 3, conferring certain rights on either a man or woman who are not married to each other but who live together in a “conjugal relationship.” In discussing the requirements of conjugal (i.e., marriage-like) relationships, Cory J. indicated that while financial dependence is a factor it is but one of many to be considered:
[59] Molodowich v. Penttinen (1980), 17 R.F.L. (2d) 376 (Ont. Dist. Ct.), sets out the generally accepted characteristics of a conjugal relationship. They include shared shelter, sexual and personal behaviour, services, social activities, economic support and children, as well as the societal perception of the couple. However, it was recognized that these elements may be present in varying degrees and not all are necessary for the relationship to be found to be conjugal. While it is true that there may not be any consensus as to the societal perception of same‑sex couples, there is agreement that same‑sex couples share many other “conjugal” characteristics. In order to come within the definition, neither opposite‑sex couples nor same‑sex couples are required to fit precisely the traditional marital model to demonstrate that the relationship is “conjugal”.
[Emphasis added by Frankel J.A.]
[58] It is understandable that the presence or absence of any particular factor cannot be determinative of whether a relationship is marriage-like. This is because equally there is no checklist of characteristics that will invariably be found in all marriages. In this regard I respectfully agree with the following from the judgment of Ryan-Froslie J. in Yakiwchuk v. Oaks, 2003 SKQB 124:
[10] Spousal relationships are many and varied. Individuals in spousal relationships, whether they are married or not, structure their relationships differently. In some relationships there is a complete blending of finances and property – in others, spouses keep their property and finances totally separate and in still others one spouse may totally control those aspects of the relationship with the other spouse having little or no knowledge or input. For some couples, sexual relations are very important – for others, that aspect may take a back seat to companionship. Some spouses do not share the same bed. There may be a variety of reasons for this such as health or personal choice. Some people are affectionate and demonstrative. They show their feelings for their “spouse” by holding hands, touching and kissing in public. Other individuals are not demonstrative and do not engage in public displays of affection. Some “spouses” do everything together – others do nothing together. Some “spouses” vacation together and some spend their holidays apart. Some “spouses” have children – others do not. It is this variation in the way human beings structure their relationships that make the determination of when a “spousal relationship” exists difficult to determine. With married couples, the relationship is easy to establish. The marriage ceremony is a public declaration of their commitment and intent. Relationships outside marriage are much more difficult to ascertain. Rarely is there any type of “public” declaration of intent. Often people begin cohabiting with little forethought or planning. Their motivation is often nothing more than wanting to “be together”. Some individuals have chosen to enter relationships outside marriage because they did not want the legal obligations imposed by that status. Some individuals have simply given no thought as to how their relationship would operate. Often the date when the cohabitation actually began is blurred because people “ease into” situations, spending more and more time together. Agreements between people verifying when their relationship began and how it will operate often do not exist.
[Emphasis added by Frankel J.A.]
[22] Austin establishes that the question of whether a cohabiting couple are in a “marriage-like relationship” is a question of mixed fact and law that requires a broad approach:
[62] The chambers judge properly took a holistic approach in finding that Ms. Goerz and Mr. Austin “were in a committed, marriage-like relationship for all purposes.” She had regard to all aspects of their relationship, including that there was minimal sharing of expenses and no commingling of assets. Based on the evidence it was open to the chambers judge to reach the conclusion she did and there is no basis on which this Court can interfere: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33 at para. 22.
[23] The parties’ intentions – particularly the expectation that the relationship will be of lengthy, indeterminate duration – may be of importance in determining whether a relationship is “marriage-like”. While the court will consider the evidence expressly describing the parties’ intentions during the relationship, it will also test that evidence by considering whether the objective evidence is consonant with those intentions.
[24] The question of whether a relationship is “marriage-like” will also typically depend on more than just their intentions. Objective evidence of the parties’ lifestyle and interactions will also provide direct guidance on the question of whether the relationship was “marriage-like”.
[35] The decision in Weber is also significant because it questioned the previous view in Gostlin that financial support was a fundamental aspect of a marriage-like relationship. In Weber the court said:
[12] … it is difficult from this vantage point, some 30 years after Gostlin, to fully understand the reasoning expressed in the passage that I have quoted [from Gostlin]. It is based on the idea that marriage is a relationship characterized by economic dependence or interdependence. Perhaps marriage was, or was perceived to be, such a relationship at that time. Today, though economic dependence or interdependence exists in many marriages, it would be difficult to characterize such dependency as being an essential characteristic of marriage.
Vancouver Marriage Like Relationship Lawyers Will Assess Your Relationship
Skilled Vancouver Marriage Like Relationship lawyers know each case depends on its own particular facts. We’ll help you collect documentary evidence for and against a finding of a common law relationship as well as marshaling evidence for witnesses in support of your position. Our Vancouver Marriage Like Relationship lawyers will leave no stone un-turned to ensure your potential common law relationship is properly characterized and your rights protected.
Don’t Delay and Make A Huge Mistake
If you are worried you might be nearing deadlines for liability to pay support and property compensation or you’ve been separated more than a few days you must act quickly. Vancouver Marriage Like Relationship lawyers can only help if you meet with them. If you don’t you may regret it. Call us toll free across BC and from Calgary at 1-877-602-9900.
