Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.

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Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.

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Opinion on Common-Law Relationships of A.C. Hamilton
Final Report

IV. Registration of Common-Law Partnerships


Existing Systems Which Record
Common-Law Associations

Europe

As I was obtaining further information from Vermont I found that forms of registering relationships exist in other countries as well. My inquiries, as superficial as they were, indicate there are a variety of systems in place in the United States and in Europe. The following information on Europe is included as a matter of interest. I have not analysed any of them in detail but they do indicate the extent of the movement towards the registration of non-marital relationships.

London, England established a Partnerships Register in September 2001. Any same-sex or heterosexual couple can register their relationship. The register is confidential but couples receive a certificate showing they have registered. People cannot register if they are married or are in another relationship that is already registered. A partnership may be de-registered by at least one party notifying the Partnership Register Manager in writing. In that case the original entry remains but is marker "De-registered".

In France, Civil Solidarity Pacts were initiated in 1999. Same sex and opposite sex couples can present a joint written submission to a local Court. On registration, the couples "owe each other mutual and material help" and are "jointly responsible for debts incurred by either of them in the course of everyday life" and any heritable property acquired while in a registered partnership is deemed to be owned jointly. 46,000 couples registered in the first year and it is estimated that 50-70% of them are of the same sex.

Germany established registered "Life Partnerships" for gay and lesbian couples in August, 2001. These provide some of the benefits of a traditional marriage and a court order is necessary to terminate the partnership. These couples do not have the right to adopt children, but if one of the partners already has a child, the other has custody and other decision-making rights.

The Netherlands began registering same-sex and opposite-sex partnerships in 1998. Its system appears to provide marital rights and the new marriage law permits those who have already registered a partnership to convert it into a marriage.

Denmark, Greenland, Iceland, Norway and Sweden, between 1989 and 1996, all provided for the registration of domestic partnerships. In Denmark there is a fairly formal ceremony reminding the couple of the importance of the promises they are making to each other and in which the municipality expresses the wish that throughout their partnership they will live together in a harmonious and meaningful relationship.



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Opinion on Common-Law Relationships of
Hon. A.C Hamilton, Q.C. - Final Report

Part IV) Existing Systems Which Record Common-Law Associations
Europe
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Part IV) Quebec Part IV) Manitoba Common-Law Registry
Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.