Quote:
Originally Posted by blinkandimgone
Probably because if the situation was exactly the same and they had a piece of paper saying they were married then she would be entitled to 50%.
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The Supreme Court of Canada thought long and hard about this, and decided that when a couple decide to marry they have made a concious decision to live with the legal consequences, and people who decide not marry also make a decision. The Court refused to take away people's choices, which would be the effect of making common law and marriage the same.
Marriage is a legal and financial partnership. Common law means you are room-mates who have sex. The courts don't really care if you love each other or not. You can make your choice accordingly.