Legal challenge to Quebec common law rules seeks equal rights for unmarried spouses

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The case involves a woman and her former partner, a prominent Quebec businessman who contended he should not have to pay alimony because they were never legally married.

“Quebec family law perceives non-married women and their children as having less value than married families and it’s even worse for women who are common law without children,” Goldwater said.The 2013 Supreme Court decision noted that while there was discrimination toward common-law couples, it could be allowed under a section of the Canadian charter which allows for the limitation of rights in certain circumstances.

Under Quebec’s current law, common-law spouses aren’t entitled to alimony, division of the family patrimony or the right to occupy the home after the split. While any children stemming from the relationship have a right to support, the fact that the parent doesn’t get alimony or a share of the wealth will result in a lower standard of living for the children, Goldwater says.

Source: Law Daily Report (lawdailyreport.net)

 

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