This is a more difficult question, because we’re talking about people’s intentions and beliefs, and not simply where they keep their socks and underwear. Objective evidence of the parties’ lifestyle and interactions provides direct guidance on the question of whether the relationship is marriage-like.
This question comes up often enough that there are some really good cases that talk about what a “marriage-like relationship” involves. L.T.F. v R.B.F, 2023 BCSC 834, is a recent case where the court summarizes leading cases and various factors to bear in mind when trying to determine the starting date of a marriage-like relationship.
Some individuals have simply given no thought as to how their relationship would operate
In a 1998 case called Takacs v Gallo, our Court of Appeal said that you can sometimes tell whether a relationship is marriage-like or not by looking at these factors:
Relationships outside marriage are much more difficult to ascertain
Did the parties live under the same roof? What were the sleeping arrangements? Did anyone else occupy or share the available accommodation?
- Sexual and personal behaviour:
Did the parties have sexual relations? Read more