Who Is Family: Cohabitation, Marriage, and the Redefinition of Family

Authors

Andrew Morrison

First Page

381

Document Type

Article

Abstract

The emergence of cohabitation as an alternative to the traditional form of the family has left the need for legislative reform. Currently, cohabitants must resort to equitable claims as they do not have access to the property sharing regime designated for married spouses. The definition of "family" requires reformulation to include cohabitation. This reformulation must then be reflected in Ontario's Family Law Act through the adoption of an opt-out regime. This reform appropriately balances the values of autonomy and equality and creates certainty, predictability, and consistency in the law of Ontario. This paper addresses the possibility of reform through the discussion of family law policy.

Recommended Citation

Andrew Morrison, "Who Is Family: Cohabitation, Marriage, and the Redefinition of Family" (2015) 29:2 Can J Fam L 381.