Beyond Marriage

This paper examines the legal distinction between married and unmarried cohabitants in Ontario, focusing on the implications for property division upon relationship breakdown. The paper analyses the dual definitions of "spouse" under the Ontario Family Law Act, and how landmark cases, such as Miron v Trudel and Nova Scotia v Walsh, have influenced the legal system. It also examines the policy debates around the similarities between cohabiting and married couples, and how the legal system needs to respond to the unique vulnerabilities of cohabitants. In advocating for legislative reform in Ontario, the paper proposes adopting an opt-out regime as a solution that balances the need to protect the vulnerable with the preservation of personal autonomy. The thesis posits that recognizing unmarried cohabitation as functionally equivalent to marriage and introducing an opt-out system for property rights is a necessary evolution in Ontario’s family law. The paper aims to align the legal treatment of cohabitants with the realities of modern relationships and ensure equitable treatment under the law, highlighting the need for an inclusive approach that resonates with the province’s diverse family dynamics.