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Legal treatment of de facto spouses: double standards, two measures

Abstract

Hier considered to be contrary to public policy, now a common form of marital union, de facto union is accepted in Quebec society and is part of its movers. While that status is socially recognised as an alternative to marriage, the legislature does not interpret it in the same way and has at least an ambiguous attitude. In some cases, it grants heterosexual and recently homosexual spouses identical rights and obligations to married persons, while in other cases he completely ignores this factual situation. This dichotomy of law can only help to create great confusion and the gap between ordinary law and statutory law is constantly widening. This legal vacuum can be filled in contractually or otherwise by judicial intervention, which increasingly opens up the request for unjustified enrichment. In the light of recent case-law, I shall first examine the legal treatment of the property aspects of a de facto union in the case of a cohabitation agreement or in the absence thereof. I shall then set out the content of Quebec statutory law and then set out the main amendments proposed by the draft federal law in this area.

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