Across Canada, marriage rates have been in decline and common-law arrangements are on the rise SA国际影视传媒 in the NWT, itSA国际影视传媒檚 no different. In fact, the distinction itself is losing its teeth.
SA国际影视传媒淭here's an obvious social value to getting married and it's obviously a symbol of commitment and it's very important personally,SA国际影视传媒 said Thomas Wallwork, a lawyer with the Outreach Legal Aid Clinic in Yellowknife, SA国际影视传媒渂ut from a very clinical legal standpoint, once you've been living together for two years, there's not really any difference.SA国际影视传媒
The law in the NWT, and in many other Canadian jurisdictions, states that once you and a romantic partner have been living under the same roof for two years SA国际影视传媒 or once you have a kid SA国际影视传媒 youSA国际影视传媒檙e basically married, in the eyes of the law.
This comes with certain obligations and liabilities for support and division of assets if the union were to end.
SA国际影视传媒淭he longer you're together and the more it looks like a marriage, the more it's going to be treated like one in a lot of cases,SA国际影视传媒 said Wallwork.
SA国际影视传媒淥ne of the big changes in the last 20 or so years across pretty much every jurisdiction I know about in Canada is that there's a gradual or not-so-gradual erasing of the distinction between how married couples are treated and how common law couples are treated.SA国际影视传媒
The main remaining distinction from a legal perspective, said Wallwork, is the length of time one has to file a claim after a union disintegrates.
When a married couple divorces, there is no time limit on when a spouse has to go to court to make a claim on something like spousal support.
A common-law union wouldnSA国际影视传媒檛 have access to the federal Divorce Act, and the parties would instead be covered under territorial legislation. This legislation requires claims to be filed within two years.
Wallwork said thereSA国际影视传媒檚 SA国际影视传媒渘o doubtSA国际影视传媒 that common-law relationships are becoming more common in the NWT
Statistics Canada has observed this trend nationally. As of 2016, 21.3 per cent of all Canadian couples were living in common-law unions compared to just 6.3 per cent in 1981.
SA国际影视传媒淎 lot of the time people end up in common-law relationships completely by accident,SA国际影视传媒 he said, SA国际影视传媒渁nd it's just something that you don't really think about. I mean, housing is expensive, bills are expensive and it makes a lot of economic sense to start living with somebody SA国际影视传媒 and if you're in a relationship with them, so much the better.
SA国际影视传媒淏ut the problem is doing that still triggers the operation of the guidelines and it triggered the operation of these laws.SA国际影视传媒
Wallwork said itSA国际影视传媒檚 possible to opt out of the liabilities, but to do so both parties must sign an agreement SA国际影视传媒 a sort of common-law pre-nup SA国际影视传媒 which can be SA国际影视传媒渁 pretty uncomfortable conversation to have with someone who you haven't really known them that long.SA国际影视传媒
Wallwork says the Outreach Clinic, which offers free legal counselling on non-criminal matters, is open on a first-come, first-served basis for those looking for guidance on this or other matters.