Thought provoking?

[Kimberley]

I was chatting with a friend and we were talking about how law defines relationships.

One thing that I found very interesting is how the Canadian government words things whether it be for taxation, immigration etc.

Conjugal Relationship (for common-law)

What exactly constitutes a 'conjugal' relationship beyond sex?

If you live together, you sleep together, you have sex, you have 'normal' lives, but your finances are completely separate. You own no credit or debit together, you are not both listed as sharing household bills but you both may pay all or some of a bill (ex - household bills only listed under one person), and even something as small as groceries are not really shared - each primarily pays for their own things that are not often shared.

I can't help but be curious as hell as to what truly constitutes as a common-law relationship - it can't be something as simple as the same address and a monogamous relationship, or can it?

My brain needs to shut off at some point

[Rioe]

And similarly, two people could be living together for years, pooling their resources and raising dependents together, and NEVER be considered common-law.

Bonus points if you can identify two completely different applicable situations.

[dadtotheend]

Whether the couple hold themselves out socially as a couple is a consideration.

Also couples can contract out of the law's definition of their relationship via a cohab agreeement.

[blinkandimgone]

I can't help but be curious as hell as to what truly constitutes as a common-law relationship - it can't be something as simple as the same address and a monogamous relationship, or can it?

Canadian Legal FAQS- Adult Interdependent Relationships

What is an Adult Interdependant relationship?

The Adult Interdependent Relationships Act provides two possible ways for such a relationship to exist

1. If you have made a formal and valid adult interdependent partner agreement with the other person.

Two people that are related by either blood or adoption must enter into such as agreement in order to be considered adult interdependent partners.

OR

2. If you are not related by either blood or adoption and if you have:

a) lived with the other person in a "relationship of interdependence" for at least 3 continuous years; or

b) lived with the other person in a "relationship of interdependence" of some permanence where there is a child of the relationship (either by birth or adoption).

In some provinces, you don't even have to be in a sexual relationship - monogamous or otherwise.

[dadtotheend]

In some provinces, you don't even have to be in a sexual relationship - monogamous or otherwise.

Getting take to the cleaners by your monogamous ex - BRUTAL!

[Mess]

Worse, I think it's Manitoba or Saskatchewan, it can apply to room-mates.

[blinkandimgone]

Yeah, the adult interdependant relationship can apply to pretty much anyone who shares living space with someone in any capacity whether you're siblings, room mates or other. And you don't even have to file an application to become considered interdependant however you can do so to protect yourself against future claims, something like a pre-nup.

Could you imagine having to pay support to a room mate or sibling??

[Kimberley]

Whether the couple hold themselves out socially as a couple is a consideration.

Also couples can contract out of the law's definition of their relationship via a cohab agreeement.

That's very interesting.

So let's take this part:

If you live together, you sleep together, you have sex, you have 'normal' lives, but your finances are completely separate. You own no credit or debit together, you are not both listed as sharing household bills but you both may pay all or some of a bill (ex - household bills only listed under one person), and even something as small as groceries are not really shared - each primarily pays for their own things that are not often shared.

and add in that the couple does not hold themselves out socially as a couple - that almost no-one even knows that they are a couple at all (perhaps a handful of very close family members)... are they common-law - in a conjugal relationship in the eyes of the courts, or even the government?

[Kimberley]

Anyone with any thoughts? It's still in my brain

That's very interesting.

So let's take this part:

If you live together, you sleep together, you have sex, you have 'normal' lives, but your finances are completely separate. You own no credit or debit together, you are not both listed as sharing household bills but you both may pay all or some of a bill (ex - household bills only listed under one person), and even something as small as groceries are not really shared - each primarily pays for their own things that are not often shared.

and add in that the couple does not hold themselves out socially as a couple - that almost no-one even knows that they are a couple at all (perhaps a handful of very close family members)... are they common-law - in a conjugal relationship in the eyes of the courts, or even the government?

[beebie]

Revenue Canada and the Income Tax Act have a definition of a common law relationship which usually has to do with things like : are you each other's beneficiaries? Or are you on the other's health care plan? and other objective methods such as joint bank accounts ...things like that...I think.

Under family law, you typically have to prove parties are in a relationship using factors like the following (my province's Act ...yours might be different) and I don't think roommates would be AIPs under this province's law:

2) In determining whether 2 persons function as an economic and domestic unit for the purposes of subsection (1)(f)(iii), all the circumstances of the relationship must be taken into account, including such of the following matters as may be relevant:
(a) whether or not the persons have a conjugal relationship;
(b) the degree of exclusivity of the relationship;
(c) the conduct and habits of the persons in respect of household activities and living arrangements;
(d) the degree to which the persons hold themselves out to others as an economic and domestic unit;
(e) the degree to which the persons formalize their legal obligations, intentions and responsibilities toward one another;
(f) the extent to which direct and indirect contributions have been made by either person to the other or to their mutual well‑being;
(g) the degree of financial dependence or interdependence and any arrangements for financial support between the persons;
(h) the care and support of children;
(i) the ownership, use and acquisition of property.

[Kimberley]

Ok, so let's combine these:


If you live together, you sleep together, you have sex, you have 'normal' lives, but your finances are completely separate. You own no credit or debit together, you are not both listed as sharing household bills but you both may pay all or some of a bill (example - household bills only listed under one person), and even something as small as groceries are not really shared - each primarily pays for their own things that are not often shared.

Add in that the couple does not hold themselves out socially as a couple - that almost no-one even knows that they are a couple at all (perhaps a handful of very close family members), they are not each others beneficiaries, not on each others health care plans, and as stated above - no joint anything, so, are they common-law - in a conjugal relationship based on Revenue Canada/ Income Tax Act's definition?

Why is it that my brain has thoughts late at night? eesh

[beebie]

Have one party pay rent to the other with receipts and arrange an attractive bedroom for the second person. Dust it occasionally.

[Looking4Answers]

Just say you pay she/he for sex.....they are paid on a as needed basis.....no need for the legal jargin after that....you dont share in the other stuff.....my gawd, after being married who would want the complications!!!

Im sick of all this legal terminology....If I knew then what I know now...marriage wouldnt of happened....who needs the complications....keep it simple....find a person whom also doesnt want the bullcrap and find peace!!!

They are out there...