Determination of date of marriage or common-law partnership
2008, c.45, s.28
3(1)Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a judge and his or her spouse is
(a)
if they were married to each other, the date on which they were married,
(b)
if they were parties to a voidable marriage, the date on which they were married, or
(c)
if they were parties to a void marriage, the date on which they went through a form of marriage.
3(2)If, by reason of the operation of subsection (1), more than one date could be the date of marriage of 2 persons, the date of marriage of the 2 persons shall be deemed to be the earlier or earliest of those dates.
3(3)If a judge was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.
3(4)For the purposes of this Act and the regulations, the date of common-law partnership of a judge and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.
3(1)For the purposes of this Act and the regulations, “marriage breakdown” shall be deemed to include a breakdown in the relationship between persons who are spouses because they cohabited together in a conjugal relationship as provided for in the definition “spouse” in section 1.
3(2)For the purposes of this Act and the regulations, the date of marriage of two persons who are spouses shall be
(a)
if the persons are spouses because they were married to each other, the date on which they were married,
(b)
if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,
(c)
if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or
(d)
if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition “spouse” in section 1, deemed to be the date on which they began to cohabit.
3(3)If, because of the operation of subsection (2), more than one date would be or could be deemed to be the date of marriage of two persons, their date of marriage shall be deemed to be the earlier or earliest of those dates.