All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
Defining common-law spouses
All Woman, Your Rights
 on June 13, 2021

Defining common-law spouses

Margarette Macaulay 

Dear Mrs Macaulay,

Would two people living together for more than five years, but are not sexually involved or have traditional marital relations, be classified as common-law spouses? They have not been a couple for numerous years and essentially live separate lives, and only share business interests and an adult child. I am hazy on the definition of ‘living together as man and wife’. I would like to know if this involves the need for sexual relations, or is it merely living at the same property.

I am very grateful for your letter and the questions you have posed in it. I believe your letter will help to clarify a great deal of confusion and misconceptions about the legal requirements two persons residing together in the same premises must meet in order to qualify as common-law spouses.

There are a number of legal requirements for a couple to be classified as common-law spouses. It is not a simplistic residential arrangement, but it is of some complexity. Let us then go through the relevant definitions, so that the whole can be ascertained.

As you may know, the concept of common-law spouses is only recognised in very few Acts of Parliament and for the purposes of this column, I shall use the definitions in the Property (Rights of Spouses) Act, 2004. In the interpretation section, “spouse” is defined as including, “(a) A single woman who has cohabited with a single man as if she were in law his wife for a period of not less than five years; (b) A single man who has cohabited with a single woman as if he were in law her husband for a period of not less than five years, immediately preceding the institution of proceedings under this Act or the termination of cohabitation, as the case may be”.

The terms “single woman” and “single man” as used in the definition of “spouse” in the Act are stated to include widow, widower, or divorcée.

Now, you will have noted that the provision makes it quite clear that in order to be included in the term “spouse”, both parties cohabiting must be single, that is, unmarried or widowed or divorced. The intent of this was to make the concept of common-law spouses, though not the same, as close to “married spouses” as possible without making them equal, and because it was necessary to ensure that common-law spouses could enjoy certain rights which they hitherto did not have in law.

You would also have noted the use of the words “cohabited with… as if she were in law his wife”, words which I believe clearly denote not only a sexual relationship, but would also share a life, to use your words “of traditional marital relations”, which includes a unity of life together, a joint union of two persons, not separate lives.

Now we come to the word “cohabit”. This is defined in the Interpretation section of the Act as “to live together in a conjugal relationship outside of marriage and that “cohabitation” should be construed according to the definition of the verb. What of “conjugal”, what does this mean? The Concise Oxford Dictionary defines “conjugal” as of marriage or the relation between husband and wife, and conjugal rights as those rights (especially to sexual relations) regarded as exercisable in law by each partner in a marriage”.

There we have it, the sum total of all these definitions denote the fact that in order to be classified as a common-law spouse, the single woman must cohabit with the single man, that is to say live together in a conjugal/sexual relationship as if you were in law husband and wife, which brings in to play all or most the facets which husbands and wives have and engage in jointly in their lives together.

I believe that your final enquiry has been answered and clearly so. Definitely living in the same property while living separate lives with just a shared business and an adult child between the two persons is not enough for them to be common-law spouses, regardless of how many years they have been residing in the same premises in this manner.

I hope I have assisted you to no longer be hazy about the meaning of the status of common-law spouses and what this entails in fact and in law.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only, and must not be relied upon as an alternative to legal advice from your own attorney.

{"website":"website"}{"allwoman":"All Woman"}
0 Comments · Make a comment

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy
ALSO ON ALL WOMAN
Overcoming the darkest valley: P Falasha Harrison’s journey through suicide, faith, and single motherhood
All Woman, Features
Overcoming the darkest valley: P Falasha Harrison’s journey through suicide, faith, and single motherhood
December 15, 2025
WHEN life collapses under the weight of hardship, some people lose their voices. But P Falasha Harrison found hers in the very moment she thought she ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom has no contact with son after filing
All Woman, Features, Your Rights
Mom has no contact with son after filing
Margarette May Macaulay 
December 15, 2025
Dear Mrs Macaulay, I allowed my child’s father to file for our son, with the promise that he would send him back to Jamaica on holidays for visits. It...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Weak men, jelly back men…
All Woman, Features, Relationships
Weak men, jelly back men…
ALAISHA THOMAS 
December 15, 2025
WHEN Jamaican minister Dr Petrova Davis preached on a Sunday morning back in 2023 that men shouldn’t be weak “jelly backs”, the phrase resonated with ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s swinging on the wild side
Advice, All Woman, Features
Hubby’s swinging on the wild side
Christopher Brodber 
December 15, 2025
Counsellor, My husband has recently come with certain arguments that I’m uncomfortable with, stating that he wants to try things in bed that I’m uncom...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs you need to start afresh somewhere else
Advice, All Woman, Features, ...
5 signs you need to start afresh somewhere else
Marie BERBICK-BAILEY 
December 15, 2025
THERE are times when life can get really heavy and stagnant and the only way forward is to start afresh. A fresh start isn’t just about changing your ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Simonea Brooks-Service: Cancer warrior champions a healthy lifestyle
All Woman, Features
Simonea Brooks-Service: Cancer warrior champions a healthy lifestyle
December 8, 2025
DESPITE receiving a clean bill of health from her doctors in May 2024, one year ago cancer survivor Simonea Brooks-Service did not feel strong enough ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Can a married parent add a child to their title?
All Woman, Features, Your Rights
Can a married parent add a child to their title?
Margarette Macaulay 
December 8, 2025
Dear Mrs Macaulay, My mother, a married woman, would like to add my name to a property that her husband has no financial interest in. Her husband’s na...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
6 qualities a man uses to measure a woman’s market value
All Woman, Features, Relationships
6 qualities a man uses to measure a woman’s market value
Marie BERBICK-BAILEY 
December 8, 2025
MEN notice a lot more than we think when they size up a woman. And I’m not talking about just looks, although physical appearance plays a role in init...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
❮ ❯
Scroll
Polls
Overcoming the darkest valley: P Falasha Harrison’s journey through suicide, faith, and single motherhood
All Woman, ...
Overcoming the darkest valley: P Falasha Harrison’s journey through suicide, faith, and single motherhood
December 15, 2025
WHEN life collapses under the weight of hardship, some people lose their voices. But P Falasha Harrison found hers in the very moment she thought she ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom has no contact with son after filing
All Woman, ...
Mom has no contact with son after filing
Margarette May Macaulay 
December 15, 2025
Dear Mrs Macaulay, I allowed my child’s father to file for our son, with the promise that he would send him back to Jamaica on holidays for visits. It...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Weak men, jelly back men…
All Woman, ...
Weak men, jelly back men…
ALAISHA THOMAS 
December 15, 2025
WHEN Jamaican minister Dr Petrova Davis preached on a Sunday morning back in 2023 that men shouldn’t be weak “jelly backs”, the phrase resonated with ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s swinging on the wild side
Advice, ...
Hubby’s swinging on the wild side
Christopher Brodber 
December 15, 2025
Counsellor, My husband has recently come with certain arguments that I’m uncomfortable with, stating that he wants to try things in bed that I’m uncom...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs you need to start afresh somewhere else
Advice, ...
5 signs you need to start afresh somewhere else
Marie BERBICK-BAILEY 
December 15, 2025
THERE are times when life can get really heavy and stagnant and the only way forward is to start afresh. A fresh start isn’t just about changing your ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
Polls
Recent Posts
Overcoming the darkest valley: P Falasha Harrison’s journey through suicide, faith, and single motherhood
All Woman, ...
Overcoming the darkest valley: P Falasha Harrison’s journey through suicide, faith, and single motherhood
December 15, 2025
WHEN life collapses under the weight of hardship, some people lose their voices. But P Falasha Harrison found hers in the very moment she thought she ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom has no contact with son after filing
All Woman, ...
Mom has no contact with son after filing
Margarette May Macaulay 
December 15, 2025
Dear Mrs Macaulay, I allowed my child’s father to file for our son, with the promise that he would send him back to Jamaica on holidays for visits. It...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Weak men, jelly back men…
All Woman, ...
Weak men, jelly back men…
ALAISHA THOMAS 
December 15, 2025
WHEN Jamaican minister Dr Petrova Davis preached on a Sunday morning back in 2023 that men shouldn’t be weak “jelly backs”, the phrase resonated with ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s swinging on the wild side
Advice, ...
Hubby’s swinging on the wild side
Christopher Brodber 
December 15, 2025
Counsellor, My husband has recently come with certain arguments that I’m uncomfortable with, stating that he wants to try things in bed that I’m uncom...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs you need to start afresh somewhere else
Advice, ...
5 signs you need to start afresh somewhere else
Marie BERBICK-BAILEY 
December 15, 2025
THERE are times when life can get really heavy and stagnant and the only way forward is to start afresh. A fresh start isn’t just about changing your ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved