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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My brother has lived 13 yrs with s common law spouse. She

Customer Question

my brother has lived 13 yrs with his common law spouse Becky. She only lives at their home 30-40% of the time now as she found someone new. She lives with him the majority of the time. My Brother and her have 2 children together, 15 and 12 and they still stay at the home with their dad. She has publically announced, on facebook that her and the new man are married. Can she be married to him if they haven't settled a seperation agreement as they were common law for more than 13 yrs. and how do we find out if she is actually married now?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this difficult situation.

Yes. It is illegal for her to get married. Common law spouse do not have to get divorced or do anything from a legal perspective before they decide to enter into a legal marriage.

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