What is the test for determining whether a husband and wife are spouses?
British Columbia, Canada
The following excerpt is from Boyar Estate v. Boyar, 2014 BCSC 313 (CanLII):
Justice Newbury, with the concurrence of Chief Justice McEachern, found that the trial judge had erred in concluding that the couple were “spouses”. Justice Newbury affirmed the law in Gostlin v. Kergin (1986), 3 B.C.L.R. (2d) 265. She held that the focus should first be on the intentions of the parties to live as husband and wife or in a marriage-like relationship. Both subjective and objective considerations are relevant. Financial dependence or inter-dependence is a factor to be considered. No one factor is conclusive.
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