Will Canadian Family Law Cover Polygamy Divorce?

Polygamy and Canadian Family Law

The polygamy trial in British Columbia has been garnering a lot of media attention.

Polygamy is illegal in Canada, but the law is rarely enforced in the province.

One side is arguing that polygamy puts women and children in danger because some religious organizations may force it, while the other side is arguing that polygamy between consenting adults should be recognized as religious freedom under the Charter of Rights and Freedoms.

Will the polygamy ruling be an inclusive Canadian family law ruling?

If polygamy is decriminalized, it will bring up a lot of questions on how Canadian family law will deal with polygamous relationships upon separation. If there is a ruling that eventually decriminalizes polygamy, will it account for the breakup of a polygamous relationship?

How will assets be divided, particularly if one member of a polygamous relationship leaves while two remain? Would the member that left be able to get spousal or child support (which can be granted in some provinces under Canadian family laws for common law couples) if the remaining two are legally married to each other? If a polygamous triad with children were to breakup, Canadian family law should also be able to grant custody fairly among its members if all of them helped raise a child. Seeing as British Columbia is working on legislation that would allow a child to have more than two legal parents, that legislation may be applicable when ensuring fair and equal child custody for polygamous couples. 

Hopefully, no matter what the ruling, consideration is given to developing legislation that would protect all parties involved in a breakup or divorce under Canadian family law.

 

Email This Post Email This Post


By heather - Last updated: Sunday, November 28, 2010
Filed in Divorce, Polygamy, separation •


Legal marriage vs. religious marriage in Ontario

It’s becoming a well-known fact that in the province of Ontario, division of property rights don’t extend to common law couples. This may change one day, and British Columbia already has plans in motion to change it, but for now it remains the biggest difference between legal and common law marriage in Ontario. For example, if a spouse entered into a common law marriage with a home in their name, the other spouse wouldn’t have any rights toward the home or its sale upon splitting up.

A recent case highlights this key difference as an Ontario couple who only underwent a religious marriage ceremony failed to obtain a civil marriage license.

Many people undergo religious marriage ceremonies under various religious laws. There are ceremonies under Canon (Christian) law and Halakha (Jewish) law, as well as Hindu law, Sikh law and many other faith-based laws. In the case of this couple, Sharia (Islamic) law. In most of these weddings, a civil marriage license is still obtained and the paperwork is often incorporated into the religious ceremony by the couple and the officiant. With this particular couple, no marriage license was obtained in Ontario.

Unfortunately for this couple, upon their separation the wife did not have a claim to the condominium that her husband entered into the marriage with, because the relationship under the law was a common-law marriage and the condominium could not be considered a matrimonial home without the civil license.

Couples who are married outside Canada who then immigrate to Ontario will have their marriage recognized as long as it is recognized in the country of marriage, but couples married in Ontario will not, unless they file the proper paper work.

On a side note: in some cases, couples may choose to have a religious ceremony on one date and then a legal ceremony on another date for whatever reason. Beware of letting months or even years lapse between the two ceremonies, as any assets accrued before the marriage is legal may not be subject to the division of property rights that legally married couples are entitled to.

Email This Post Email This Post


By heather - Last updated: Monday, October 11, 2010
Filed in Common Law Marriage, Family Property Division, Provincial legislation, Religious ceremony, separation •