Marriage and Divorce Taylor Stauch

Key Terms annulment: is a cancellation of an invalid marriage, the marriage is treated in law as though it did not happen cohabitational relationships: two people share their lives, have a sexual relationshipand live in the same residence but are not married spousal abuse: physical, sexual, economical, or emotoinal abuse of one spouse by the other collusion: an agreement between spouses to decieve the courts in some way in attempt to have the devorce granted quickly separation agreement: a contract that sets out the joint decisons of spouses on custody, access to children, division of assets, and support

Getting Married For a marriage to be valid both partners must prove they are of the age of consent, not related to the other, not be currently married to someone else, and have given free consent. A person who is part of a religious organization, judge, justice of the peace, or marriage commission is able to perform a valid marriage. If any of the above circumstances are not met, the marriage is considered invalid. If someone is intoxicated they did not have the mental capacity to consent to the marriage it is invalid.

Living Together, Spousal Abuse, and Living Apart There is very little legislation governing cohabitational relationships. Legislation that deals with unmarried couples involves a legal test to determine when a couple can be considered to be in a cohabitational relationship. Often a legal separation and possibly divorce are the only answers to abuse. The legal break down of cohabitational relationships is different from the break down of a marriage. Married people have to deal with separation of income, assets, expenses, mortgages, credit cards, and bank accounts.

Divorce The only ground for divorce in Canada is breakdown of the marriage, which must be proven by: the couple living apart for one year one spouse committing adultery one spouse physically or mentally abusing the other A couple wanting a divorce can file for one but no divorce judgment will be granted until one year has passed, during which the couple must live apart. The court will not grant a divorce to a couple who is trying to deceive the court (collusion) or has not made arrangements for support of the children.

Example in Law At a hearing of the Petition for Divorce for Mr. and Mrs. Money, there was a lack of evidence of child-care or support arrangements. Mr. Money explained the children would be adequately cared for, however the court suspended the application. The court stated the arrangements must have been in place at the time of the application for divorce. The court must be given enough evidence to make up its own mind about the adequacy of the arrangements for the children.

Questions Should the law provided the same rights and responsibilities to those in a long-term cohabitational relationship as to those in a formal marriage? Considering arguments for and against same-sex marriages, should they be included in the definition of marriage?

Citations Buckingham, D., Marcotte, C., Epp Buckingham, J., Manning, B, &Thompson, L. (1997). Learning about law. Toronto: McGraw-Hill Ryerson. Stay legal definition. (n.d.). Retrieved January 13, 2016, from http://legal- dictionary.thefreedictionary.com/stay Taylor, B. (2015). Married vs. common law – What's the difference anyway? - LawNow magazine. Retrieved January 13, 2016, from http://www.lawnow.org/married-vs-common-law-whats-the-difference/