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.

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

References

^ "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.

External links

[kon-2] Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in 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] Neither performed nor recognized in six British Overseas Territories.

[usa-5] Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

[israel-6] Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-7] The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[8] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[9] Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.

[10] Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[11] Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[12] Some cities and prefectures issue partnership certificates, but they are not legally binding.

[13] Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.

[14] Hospital visitation rights through a "legal representative" status.

[notyet-1] Not yet in effect.

[15] "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.

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