Advice on Common Law and Married Relationships!
For example, in most countries the law forbids a man or woman from marrying his sister or brother, and a person may not marry his grandmother, and one must be able to understand the nature of marriage and the duties and responsibilities that go with it – in other words be of sound mind. In most countries, a person who is considered a minor must have their parents consent and where the parents are separated, for more details visit to www.profit-pulling-niches.com the parent with whom the minor is living with gives written consent. There are other issues involved when it comes to the marriage of a minor and these rules are there for very good reason.
A marriage is considered valid by the issuing of a marriage certificate and in most Canadian Provinces the department involved in Married Certificates is referred to as “Vital Statistics” which is a Government office. Usually to obtain a Marriage Certificate the couple must apply together at least 24 hours before their wedding unless the time frame is waived because of unusual circumstances.
In most countries there is a time frame as to how long between the issue of a marriage certificate and the wedding. In some areas as per the rules the wedding must take place within three months after the license has been issued. It is important to check out the rules that apply in the Province or State or Country where you are living in order to be clear as to the rules. Laws are different in many other areas and it is important to check these out, for more details visit to www.auto-cons.com if you have a problem you should consult with a Lawyer.
People who live together but are not married are generally referred to as living Common Law and from information that is available the definition of common law seems to be one that has many meanings, for example some laws say that common law partners must live together for a specified period of time before each partner acquires certain rights or responsibilities.
Other laws require that the two must intend to live together in a conjugal relationship and on a permanent basis but do not set out a specific length of time In some Canadian Provinces a common law partner includes couples who have registered their relationship with the Vital Statistics Agency
There are many good books that give excellent advice on these points and a book called “Family Law in Manitoba is one that covers many family issues some of which I have referred to here and is worth obtaining Once again it is important to note that when one is not sure as to what he or she should do, they should contact a Family Lawyer for guidance.
amar
http://www.articlesbase.com/relationships-articles/advice-on-common-law-and-married-relationships-731815.html
Legal advice on common law relationships?
Revenue canada has decided that I live in a common law realtionship, because the man I had children with moved in with me. I was working a minimum wage job and he had no place to live. It made sence at the time for him to move in and look after the children in exchange for free room and board, because with my wages I was unable to pay for childcare expenses. In my eyes we were not common law though because we were not and had not been in any relationship. Common law in my eyes was a couple acting as a married couple would not just someone that was living under the same roof. What can I do if anything to change their minds?
I am not asking for an opinion as to whether or not this relationship is healthy or not. What I need to know is whether or not this relationship can be defined as a conjugal relationship.
Apparently, if he is the children’s father, you did have SOME kind of relationship. Common law means the two of you share bonds(children) and now you live in the same house. Move him out again..and don’t let him stay there with you EVER.
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You should really read this free E-book containing 97 steps to a happy relationship. highly recommended!
References :
http://relationshipc096df.blogspot.com
It is a sticky question!
This is considered a federal issue under what I think is section 91 of the Canadian Constitution. This means you should look at the federal website http://laws.justice.gc.ca/en/const/c1867_e.html#executive
specifically section 91 sub 3 which states "3. The raising of Money by any Mode or System of Taxation." So this means your dealing with a federal beast .
The next site to go to is http://www.cra-arc.gc.ca/tax/individuals/topics/income-tax/return/completing/personal-info/marital-e.html
Here it states : Common-law partner
A common-law partner applies to a person who is not your spouse (see above), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
a) has been living with you in a conjugal relationship for at least 12 continuous months;
b) is the parent of your child by birth or adoption; or
c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.
In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least 12 continuous months and you have resumed living together in such a relationship. Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) or c) above) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.
Note
The term "12 continuous months" in this definition includes any period that you were separated for less than 90 days because of a breakdown in the relationship.
To me the key words are in a conjugal relationship! and the breakdown of the relationship for more than 90 days.
So if your "ex" is there for baby sitting duties and nothing more object to the classification that Rev. Can. has dumped you into for convenience.
This may require sworn affidavits which can be done at a lawyer’s office
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