Marriage Rights and Obligations in Ottawa, ON

Marriage in Ontario Is Governed By the Marriage Act

Marriage is a legal contract between two people—of opposite sexes or of the same sex—that carries with it certain rights and obligations.

For a marriage to be accepted as legal, participants must be 18 years of age or older (although, a person may be able to marry at 16 or 17 years of age with written permission from the parents).

Arranged Marriages

The law does not prohibit an arranged marriage. And it does not matter who makes the arrangement; however, the Marriage Act is very clear on this point: a forced marriage or a coerced marriage is illegal. No one can be forced to marry someone. Participation must be voluntary.

Family Property

Ontario’s Family Law Act governs the treatment of family property belonging to married spouses. Specifically, it provides that from the date of marriage onward, any increase in the value of most of the assets that are brought into the marriage by either party must be shared. And, if the marriage subsequently ends, each spouse is entitled to half of that increase.

Matrimonial Home

The married couple’s home, cottage, or vacation home are subject to special treatment starting from the date they get married. In particular, any home they share after that date becomes a “matrimonial home” as defined by the Family Law Act and is subject to special rules. Those rules entitle both spouses to equal possession. This means that one spouse is not allowed to sell the home without the other spouse’s consent.

Spousal Support

Whether or not a spouse is entitled to support payments depends on various factors, such as the length of the relationship and the financial impact of the marriage on each spouse.

Understanding Common Law

In Ontario, the term “common law” (or cohabitation) is generally understood to refer to those relationships where the couple lives together but where there has not been a legal form of marriage, either in a civil proceeding or through a religious ceremony. However, the term has some specific legal connotations that are important to not

Determining Common Law Eligibility

Ontario’s Family Law Act, for example, defines “common-law marriage” as a union between either an opposite-sex or same-sex couple who have lived together in a “marriage-like” relationship that has lasted at least three years, or who have had a child together in what can be described as a “relationship of some permanence.” (A temporary break-up is usually not enough to interrupt the three-year rule.)

In deciding whether a couple has a common-law relationship, courts will often consider a variety of factors. These include the couple’s lifestyle, their shared accommodation, their personal and sexual habits, their social interaction, any mutual financial support that may be apparent, and how they are perceived by those around them.

Legal Marriage Versus Common-Law Marriage

As in a traditional marriage, common-law partners have certain rights with respect to property and, depending on the circumstances, spousal support.

But there are also major legal distinctions between the rights of married couples and common-law couples. For example—and significantly—common-law partners do not have legislated rights to the matrimonial home. There is also no right to a 50/50 split in connection with shared property.

Contact Us Today to Learn More

For a free consultation with an AGB family lawyer to talk about your rights and obligations in either a traditional marriage or a common-law relationship, call us today in Ottawa at 613-232-8832 or email us at info@agblawyers.com.

Want to know more about our team of Ottawa family lawyers? Visit “About Our Firm.”