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"Common-law partner" means a person who is cohabiting in a conjugal relationship with another person, having so cohabited for a period of at least one year.
How to assess common-law opposite-sex and same-sex relationships
The introduction of common-law partners as dependants requires an evaluation of facts to determine whether or not a relationship is bona fide. Unlike marriage, which is a status-based relationship existing from the day the marriage takes place, a common-law relationship exists from the day two individuals demonstrate that a relationship exists based on certain factors. Therefore, to determine whether two persons are cohabiting in a conjugal relationship is a question of fact that must be determined by you on a case by case basis. To assist you in your determination the following list of factors should be considered. Please note that these elements may be present in varying degrees and not all are necessary for the relationship to be bona fide.
shared shelter (e.g. sleeping arrangements),
sexual and personal behaviour (e.g. fidelity, commitment, feelings towards each other, support for each other when ill and on special occasions),
services (e.g. conduct and habit with respect to household chores),
social activities (e.g. their attitude and conduct as a couple in the community and their families),
economic support (e.g. financial arrangements for food, clothing etc., ownership of property) and
children (e.g. attitude and conduct concerning children in the family unit), as well as
the societal perception of the couple
What does "conjugal" mean?
The term "conjugal" was originally used to describe marriage, but has been extended by court decisions over many years to also describe common-law relationships outside marriage, both those of the opposite-sex and more recently those of the same-sex. A conjugal relationship exists when a significant degree of commitment between two individuals exists, which is based on an assessment of the facts. Conjugal does not simply mean "sexual relations". The common thread is the presence of commitment in combination with some of the factors listed above.更多精彩文章及讨论,请光临枫下论坛 rolia.net
"Common-law partner" means a person who is cohabiting in a conjugal relationship with another person, having so cohabited for a period of at least one year.
How to assess common-law opposite-sex and same-sex relationships
The introduction of common-law partners as dependants requires an evaluation of facts to determine whether or not a relationship is bona fide. Unlike marriage, which is a status-based relationship existing from the day the marriage takes place, a common-law relationship exists from the day two individuals demonstrate that a relationship exists based on certain factors. Therefore, to determine whether two persons are cohabiting in a conjugal relationship is a question of fact that must be determined by you on a case by case basis. To assist you in your determination the following list of factors should be considered. Please note that these elements may be present in varying degrees and not all are necessary for the relationship to be bona fide.
shared shelter (e.g. sleeping arrangements),
sexual and personal behaviour (e.g. fidelity, commitment, feelings towards each other, support for each other when ill and on special occasions),
services (e.g. conduct and habit with respect to household chores),
social activities (e.g. their attitude and conduct as a couple in the community and their families),
economic support (e.g. financial arrangements for food, clothing etc., ownership of property) and
children (e.g. attitude and conduct concerning children in the family unit), as well as
the societal perception of the couple
What does "conjugal" mean?
The term "conjugal" was originally used to describe marriage, but has been extended by court decisions over many years to also describe common-law relationships outside marriage, both those of the opposite-sex and more recently those of the same-sex. A conjugal relationship exists when a significant degree of commitment between two individuals exists, which is based on an assessment of the facts. Conjugal does not simply mean "sexual relations". The common thread is the presence of commitment in combination with some of the factors listed above.更多精彩文章及讨论,请光临枫下论坛 rolia.net