World Library  
Flag as Inappropriate
Email this Article

Domestic partnership in Nova Scotia

Article Id: WHEBN0012475833
Reproduction Date:

Title: Domestic partnership in Nova Scotia  
Author: World Heritage Encyclopedia
Language: English
Subject: Civil union, Civil Partnership Act 2004, Same-sex union legislation
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Domestic partnership in Nova Scotia

Legal status of
same-sex relationships
Marriage
Recognized
Previously performed and not invalidated
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. Licensed in some counties in Kansas but same-sex marriage is not recognized by the state
  3. Currently legal in St. Louis, Missouri
  4. When performed in Mexican states that have legalized same-sex marriage

*Not yet in effect

LGBT portal

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
  • 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

External links

  • Domestic Partnerships, Vital Statistics Agency, Nova Scotia
  • Third Reading version of the Law Reform (2000) Act, General Assembly of Nova Scotia
  • Final Report of the Review Panel on Common-Law Relationships to the Attorney General of Manitoba, 2001
  • Marriage and Legal Recognition of Same-sex Unions, A Discussion Paper, Department of Justice, Canada, November 2002
  • Sexual Orientation and Legal Rights, a review paper by the Library of Parliament, Ottawa, revised 28 July 2005
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.