New family laws take couples by surprise; RLG’s Chairman of Family Law, Kaine Fisher says ‘common law marriage’ shouldn’t be recognized by government

Korey Moran and Jacob-Deacon Evans said they had no idea new family law changes coming into effect Monday would redefine their common-law relationship. / CTV
Korey Moran and Jacob-Deacon Evans said they had no idea new family law changes coming into effect Monday would redefine their common-law relationship. / CTV

CTV British Columbia

British Columbia are bracing for changes to decades-old family laws that will treat long-term live-in partners like married couples – and some didn’t even see it coming.

“I had no idea,” said Jacob Deacon-Evans, who has lived with his girlfriend Korey Moran for almost seven years.

“I understood that our relationship was like a marriage in a lot of ways, but I wasn’t sure what the specifics were about what was going to be changing,” Moran said.

Among the changes, which take effect today, common-law relationships will be redefined.

Couples who have lived together for more than two years will now have to split debt and anything bought during the relationship 50/50, including property.

Lawyer Jamie Sarophim said it’s a massive change that may catch many off-guard.

“I think the idea that someone living together for two years or more might have to give up a significant chunk of their property is going to be a surprise to people,” she said.

Statement by Kaine Fisher, head of RLG Family Law Dept.: Arizona does not recognize “common law” marriages – and for good reason I think.  After having practiced family law for 7 years in this state, the concept of a common law marriage is foreign to me and I cannot comprehend how it makes sense to recognize such an arrangement.  In Arizona, contract law would apply to the relationship described in the article so it is not as if cohabitating couples do not have recourse against one another.  To call it a “marriage” seems misguided however. Further, it is astounding to me that a legislature anywhere in the world would provide an opportunity for someone to be awarded alimony from someone simply because they resided with that person for x amount of years.  And why two years?  Not sure how you can draw that line in the sand or any line for that matter.

Continued: 

If you’d like to discuss family law, contact with Kaine Fisher, head of RLG’s Family Law Department, kfisher@roselawgroup.com.

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