Court Ruling Opens Door For Common Law Alimony
Recently the Quebec Court of Appeal handed down a decision which has been hailed as a landmark case for those living in common-law relationships. The Quebec Court of Appeal found that the current law breached common-law couples constitutional rights under the Canadian Charter of Rights and Freedoms by denying them access to spousal support. The decision was handed down in the celebrity suit brought by 'Lola' against her billionaire ex-partner "Eric".
The law states that only "married or civil union spouses owe each other support," shutting the door to alimony payments for common-law couples. Living together, under current laws, conferred no rights or duties on the partners, no matter how long they cohabitated. This problem is unique to Quebec because all other Canadian provinces have laws conferring the possibility of spousal support for common-law couples who split up.
Approximately one third of Quebec citiizens live in a common-law type arrangement. In reaching it's finding The Court of Appeal allowed for the fact that there already some lawful rights given to couples who cohabitate such as benefits if one of the spouses has a automobile accident. The court took no heed of statistics purportedly showing that common-law relationships are less stable and more prone to break-up than those of married and civil union couples.
Is the total exclusion of unmarried couples from family law consistent with Quebec's fundamental values? It is anachronistic to deny freedom of choice as the key interest in Quebec's regulation of the family. After all Quebec likes to think of itself as avant garde in social issues such as this. Whatever the details of the government's response, we should hope that it recognizes both our fundamental values and the concrete facts of our contemporary family lives.
The way is now clear for family lawyers to help thier unmarried clients who live together sign something similar to a prenup agreements which would outline the obligations and responsibilities should they split. These type of agreements have been rare up until now because there were no rights for unmarried couples due to the explicit exclusion from the civil law.
Given that the Quebec Court of Appeal ruling allowed for alimony but not for the division of financial assets as petitioned, it is still unclear whether lawyers for "Lola" will head to the Supreme Court of Canada to seek a full victory for "Lola,". This could create a whole new set of consequences.
Where to Find Help
Any battle for child support Bakersfield can be an extremely long and difficult process. If you are in this situation, you should contact an experienced divorce lawyers Bakersfield. Your lawyer will help you understand the specific rules of your state and ensure that you have the evidence needed to prove "best interests of the child."
