Common Law Status

[jazzytakara]

I know what the government believes, but I am unsure of what the Church's stance is...For reference from my location's laws (taken from Wikipedia) :


[b] Ontario[/b]
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In [url="http://en.wikipedia.org/wiki/Ontario"]Ontario[/url], the [url="http://en.wikipedia.org/wiki/Ontario_Family_Law_Act"]Ontario Family Law Act[/url] specifically recognizes common law spouses in §29, dealing with [url="http://en.wikipedia.org/wiki/Alimony"]spousal support[/url] issues; the requirements are living together for no less than three years[sup][url="http://en.wikipedia.org/wiki/Common-law_marriage#cite_note-8"][9][/url][/sup]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. However, the part that deals with marital property excludes common law spouses, as §2 defines spouses as those who are married together or who entered into a [url="http://en.wikipedia.org/wiki/Annulment"]void or voidable marriage[/url] in [url="http://en.wikipedia.org/wiki/Good_faith"]good faith[/url]. "Good faith" in a voidable marriage cannot occur if one or more of the persons are already married to another. Thus, common law partners do not always evenly divide property in a breakup, and the courts have to look to concepts such as the constructive or resulting [url="http://en.wikipedia.org/wiki/Trust_law"]trust[/url] to divide property in an [url="http://en.wikipedia.org/wiki/Equity_(law)"]equitable[/url] manner between partners. Another difference that distinguishes common law spouses from married partners is that a common law partner can be [url="http://en.wikipedia.org/wiki/Spousal_testimonial_privilege"]compelled to testify against his or her partner in a court of law[/url].[/size][/font][/color][color=#000000][font=sans-serif][size=3]
It is noteworthy that domestic contract is unenforceable unless made in writing, signed by the parties and witnessed.[sup][url="http://en.wikipedia.org/wiki/Common-law_marriage#cite_note-9"][10][/url][/sup][/size][/font][/color]

[CatherineM]

The church's stance is that marriage is a sacrament. What you are talking about is legal paperwork. To the Church a marriage is a man and a woman who are free to marry, mature enough to understand what marriage truly is, and who vow before a priest in church to be faithful until death to each other. Just that simple. What governments do complicates things in a way they don't need to be, and in a way they never were supposed to be.