Quotulatiousness

June 3, 2012

Quebec case may force common-law couples into marriage

Filed under: Cancon, Law — Tags: , — Nicholas @ 13:00

An interesting development in Quebec’s laws relating to common-law relationships:

Somewhere in North America, there is a place where little girls don’t give the slightest thought to what kind of wedding dress they’ll wear one day. A place where young men have never heard the expression: “why buy the cow when you can have the milk for free?” — because the milk is always free. A place where no one asks an unmarried couple expecting a baby if they’re getting hitched.

This place is the province of Quebec. The French language spoken here is no guarantee for romance. Couples are practical, and lovers treasure their individuality. Quebec has become one of the least marrying places in the world, thanks to the institution known as “de facto spouses.” But now, thanks to a bizarre legal case entangling a Quebec billionaire and his de facto spouse, the freedom to un-marry is under threat. More than 1 million Quebecois in this kind of relationship may soon be automatically married by the state, against their will.

De facto spouses are defined by Quebec’s law as two people who have been living together for a year or more without being married and who check the “couple” box on their income tax statement form. Quebec’s lawmakers have deliberately chosen not to give de facto couples the same rights and responsibilities that married couples have under the Law of Quebec, to preserve the freedom of choice. Upon the termination of a relationship, “no matter how long cohabitation has lasted, de facto spouses have no legal support obligation to each other, even if one spouse is in need and the other has a high income.” Quebec is the only province in Canada where spousal support payments are not recognized by law for de facto spouses.

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