Domestic partnership in Nova Scotia

Since June 4, 2001, the Canadian province of Nova Scotia has offered Domestic partnership registration to unmarried couples, both same-sex and different-sex, thereby entitling them to some, but not all, of the rights and benefits of marriage.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

Legislation

In the previous year, the General Assembly passed the Law Reform (2000) Act, the full title of which is "An Act to Comply with Certain Court Decisions and to Modernize and Reform Laws in the Province." The act was passed in the wake of the landmark decision of the Supreme Court of Canada in the case of M. v. H. on May 19, 1999.

In the first six months after the law came into effect, only 94 domestic partnerships were registered, in contrast to about 5500 marriages per year in the province. Of the 94 partnerships, 83 (88%) were same-sex couples.[1]

Rights and Benefits

At the time the 2000 act was passed, domestic partners who registered with the provincial authorities were entitled to the same rights and obligations as spouses under the following laws:

  • the Fatal Injuries Act
  • the Health Act
  • the Hospitals Act
  • the Insurance Act
  • the Intestate Succession Act
  • the Maintenance and Custody Act
  • the Matrimonial Property Act
  • the Members' Retiring Allowances Act
  • the Pension Benefits Act
  • the Probate Act
  • the Provincial Court Act
  • or as a widow or widower under the Testators' Family Maintenance Act

Registration

Unmarried adults over age 19 in a conjugal relationship, not party to another domestic partnership, who live in Nova Scotia or own property there may file a declaration of domestic partnership with the Nova Scotia Vital Statistics Agency. By registering, the couple immediately gains the family court legal recognition, rights and benefits available to common law spouses under provincial law.

Termination

Domestic partnerships in Nova Scotia may be terminated in one of the following ways:

  • both parties jointly file a Statement of Termination with Vital Statistics
  • one party files an affidavit with Vital Statistics that the couple have lived separate and apart for more than a year
  • the parties enter into a separation agreement pursuant to the Maintenance and Custody Act and file proof of such an agreement with Vital Statistics
  • one of the parties files with Vital Statistics proof of marriage to a third party, which automatically ends the domestic partnership

See also

References
  1. "Final Report of the Review Panel on Common-Law Relationships to the Attorney General of Manitoba, 2001". Archived from the original on 2016-03-04. Retrieved 2017-08-26.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.