Ontario 3 years rule

[bb282121]

hope someone can help... found this on the net, and i wonder if it's accurate:

quote
In Ontario, the Ontario Family Law Act specifically recognizes common-law spouses in sec. 29, dealing with spousal support issues; the requirements are living together for no less than three years^[8] or having a child in common and having "cohabitated in a relationship of some permanence". The three years must be continuous, although a breakup of a few days during the period will not affect a person's status as common-law. No married person may become eligible to begin the three year "countdown" to have a recognized common law spouse until divorce from the first spouse occurs.
end quote

if someone knows for sure ( I'm asking specifically on the not divorced from other part), pls advise.

Thank you

[logicalvelocity]

Family Law Act at Section 1

Family Law Act, R.S.O. 1990, c. F.3

Definitions

1. (1) In this Act,

“child” includes a person whom a parent has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”)

“child support guidelines” means the guidelines established by the regulations made under subsections 69 (2) and (3); (“lignes directrices sur les aliments pour les enfants”)

“cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”)

“court” means the Ontario Court of Justice, the Family Court of the Superior Court of Justice or the Superior Court of Justice; (“tribunal”)

“domestic contract” means a domestic contract as defined in Part IV (Domestic Contracts); (“contrat familial”)

“parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“père ou mère”)

“paternity agreement” means a paternity agreement as defined in Part IV (Domestic Contracts); (“accord de paternité”)

“spouse” means either of two persons who,
(a) are married to each other, or
(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2); 2006, c. 19, Sched. C, s. 1 (1, 2, 4).

Appears to be an err in the wikpedia entry...especially considering Section 2:

Polygamous marriages
(2) In the definition of “spouse”, a reference to marriage includes a marriage that is actually or potentially polygamous, if it was celebrated in a jurisdiction whose system of law recognizes it as valid. R.S.O. 1990, c. F.3, s. 1 (2).

[bb282121]

mmmm? I probably didn"t explain enough...

person A and B have lived together for 4 years (common law) but person A was still married to person C for 2 of the first year of that cohabitation. Does this mean that A and B have a time of cohabitation of 2 years valid counting toward the 3 years common law spouse status?

Is Poligamy recognised valid in Ontario? Ottawa?

Thanks for your input.

[logicalvelocity]

Originally Posted by bb282121

mmmm? I probably didn"t explain enough...

person A and B have lived together for 4 years (common law) but person A was still married to person C for 2 of the first year of that cohabitation. Does this mean that A and B have a time of cohabitation of 2 years valid counting toward the 3 years common law spouse status?

Is Poligamy recognised valid in Ontario? Ottawa?

Thanks for your input.

Lol, to me what it means is the couple, A and B, have been living common-law for about four years estranged from their married spouse for about half. It's not uncommon considering.

Poligamy is recognized in Canada under Section 293 of the CC.


Welcome to the forum.