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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 04-01-2010, 10:33 AM
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Question claiming common law while married to other partner

I have being trying to figure out is there is A COMMON LAW MARRIAGE if one partner is still LEGALLY married to (and receiveing benefits) from that marriage...

Isnt it POLYGAMY... or at least a imorality....

the person collects benefits from the legal husband (tax benefits, dental care, etc...) while trying collect money from the other one as well

I am in shock it can happen.... commom law marriages to be valid require a LEGAL CAPACITY TO MARRY.... can a married person have such capacity to claim that there is a commom law marriage as well...

married to 2 people... what world we are living...
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Old 04-01-2010, 02:06 PM
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I am this situation with my deceased Father. A married live in caregiver is threatening filing for Common Law status. (after my Dad passed away) She is married and collected benefits through her husband. Who by the way, was actively involved helping my ailing Dad in his final years. Everyone filed taxes as "married". The wifes legal residence was with her husband. Is it worth the fight that I think I will win or just give her the blood money?
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Old 04-01-2010, 10:18 PM
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Default common law mistake

hi there, did your dad was paying her a salary...any records of such payments....

another thing ... to be valid, a common law marriage must meet 4 criteria... age, living together as a couple (sex), seeing as a married couple by the society (friends, family,) and HAVING LEGAL CAPACITY TO MARRY (it means that one must be able to get the marriage certificate... nothing can prevent you from this... question - can a married person have such right... could both get a legal marriage

there are some doc on this on the internet...try searching for COMMON LAW MARRIAGE....LEGAL CAPACITY TO MARRY...

fight over that...

good luck
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Old 04-01-2010, 11:54 PM
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What does age have to do with it?
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Old 04-02-2010, 10:49 AM
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Default married to two people

having a legal age to get married... according to the local law...minors can not get married... each jurisdiction sets the legal age for a marriage to be legal....
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Old 04-09-2010, 09:28 PM
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if one of the parties is still legally married (even legally seperated) there is NO assumption of common law until the final divorce decree is received by the do I know? My other half is legally seperated from his wife and has been many years and we have been living together for approx 6 years now and still cannot be considered common law (that is straight from a lawyer)......until both parties have a final divorce decree there is no assumption of a different marital status.........she has no claim to anything.....however if my partner dies I am legal beneficiary of his whole estate (he has no children and is documented on his insurances, will, etc)I copied this from another posting I answered.....hope it helps.....Im living proof of the legal answer
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Old 06-21-2011, 01:28 AM
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Default Please clarify this for me.

My ex and I started living together in 1988. Shortly after, she received her divorce judgment. In 1996 and 1998, our daughters were born. In 1999, I received my divorce judgment. Now, in 2011, she is claiming we were in a common law relationship since 1988 (never married). Based on your "straight from the lawyer" comment, can we be legally represented as common law since 1999 or 12 years? She is making a claim for constructive trust and wants my pension. She has worked very little throughout the relationship and has no RRSP savings or a pension of her own.
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Old 08-19-2011, 01:18 AM
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Criminal Code of Canada

289. Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41

Offences Against Conjugal Rights

Why anyone would want to do this, I don"t understand.
290. (1) Every one commits bigamy who

(a) in Canada,

(i) being married, goes through a form of marriage with another person,

(ii) knowing that another person is married, goes through a form of marriage with that person, or

(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

Matters of defence
(2) No person commits bigamy by going through a form of marriage if

(a) that person in good faith and on reasonable grounds believes that his spouse is dead;

(b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;

(c) that person has been divorced from the bond of the first marriage; or

(d) the former marriage has been declared void by a court of competent jurisdiction.

Incompetency no defence
(3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

Validity presumed
(4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

Act or omission by accused
(5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

R.S., c. C-34, s. 254.

291. (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Certificate of marriage
(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.
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Old 08-22-2011, 05:41 PM
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wow there is no intentions from anyone on here Im sure of committing a criminal offence.......little out there
people just want to know where thery ae in life and if they cant get it figured out they dont want someone saying they will "hang" for the rails type of answer
take care of your stuff with no mal intent and trust me life falls into place all by itself
Im legally divorced, partner is not, no children for him only mine from previous marriage, we are tenants in common for the house = my investmnt is protected - if I die my investment goes to my child unless I have in my will different.
no maliciousness, no deceit, all plain and simple and honest
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