Does a marriage vow to support in sickness or in health carry any legal significance?

Canada (Federal), Canada

The following excerpt is from Bracklow v. Bracklow, [1999] 1 SCR 420, 1999 CanLII 715 (SCC):

10 On the law, the trial judge held that the marriage vow to support in sickness or in health carried no legal significance. He took Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, to require a tort-based approach to the question of support -- compensation or support is ordered only where the marriage or its breakup caused economic disadvantage to one party. That, in his opinion, had not occurred here. The case differed from “traditional” cases in which the wife relinquished her career and financial security by assuming the child-rearing and domestic role in the family and thus impaired her ability to become self-supporting. He found that there was no express or implied agreement between the parties that they were responsible for each other’s support.

Other Questions


Is a payer of support or recipient of support entitled to deduct from their legal fees under the Income Tax Act? (Canada (Federal), Canada)
Is there any case law in support of the Eighth Amendment for refusing professional mental health treatment because he does not trust the white mental health staff? (MultiRegion, United States of America)
Does Webb have to provide legal support to support the issue of deliberate indifference on appeal? (MultiRegion, United States of America)
Does section 33 of the Health and Social Care Ontario Health and Welfare Act, section 933(a) of the Human Rights and Human Rights Act, apply to an employer's liability under the Health & Social Care Act? (MultiRegion, United States of America)
Is a common law marriage valid in a state that does not recognize common law marriages? (MultiRegion, United States of America)
What are the findings of a judge's finding that the affidavit in support of an application for a wiretap was not supported by probable cause and was stale? (MultiRegion, United States of America)
Does an affidavit supporting an affidavit that provides evidence of probable cause fail to support probable cause? (MultiRegion, United States of America)
What is the position of the two main parties in the House of Commons on the assumption that a Minister of State should be required to provide a statement of support to support a Ministerial assumption? (Canada (Federal), Canada)
What is the legal test for evidence that supports the argument that an expert can provide evidence in an administrative record review? (MultiRegion, United States of America)
Is there any case law supporting the argument that a taxpayer does not intend to carry on a business because it does not have the means or ability to market the product? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.