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Common-Law

 
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MeiMei



Joined: 06 Feb 2006
Posts: 35

PostPosted: Mon Feb 27, 2006 2:29 am    Post subject: Common-Law Reply with quote

Ok this is my first posting on Daves Esl Caf�

Me and my Girlfriend are interested in teaching again overseas. We taught in Japan under a working tourist visa.


We want to work in Japan or South Korea

We are not married but have been together for 5 years. In Canada we are considered common-law. Will Japan or Korea recognize our common-law relationship?

Thank you for your response.
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Brooks



Joined: 16 Jan 2003
Posts: 1369
Location: Sagamihara

PostPosted: Mon Feb 27, 2006 4:39 am    Post subject: Reply with quote

I doubt it.
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Gregor



Joined: 06 Jan 2005
Posts: 842
Location: Jakarta, Indonesia

PostPosted: Mon Feb 27, 2006 4:30 pm    Post subject: Reply with quote

What's the issue? I mean, in what circumstances would it make any difference? Is there some reason you couldn't just say, "We're married"? I can't imagine that it would occur to anyone there to doubt it.
In Canada, for tax purposes or whatever, I can see the benefit, but in Japan or Korea? Why would they care OR doubt your word on the matter?

Think about this, now, before answering, folks - if there was some sort of hospital stay or some such, as long as the bills were paid, no one would care. You'd be foreigners there, and if you wanted to visit your girlfriend or something, they'd be just as happy that she'd have ANY companion from her native country. Anything like that, it wouldn't matter.
On the other hand, if it were a serious enough thing (a death, for example, or...I have no idea what else), that would involve the Canadian Embassy, and in Canada, you're common-law, so there you go.

Let's take it one further - if you wish to retain the married status abroad and you're concerned about it, just get married. Does it make a difference to do that, in Canada?
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Cdaniels



Joined: 21 Mar 2005
Posts: 663
Location: Dunwich, Massachusetts

PostPosted: Mon Feb 27, 2006 7:26 pm    Post subject: Leaving the little lady Reply with quote

It makes if difference if his partner wants to ditch him and get married to a rich Korean/Japanese person. Or vice-versa- he leaves his partner.
Gregor, are you married? On one hand, that outburst was a little overwrought. On the other hand, it was also naive. What difference does it make? Half your sh*t, child support, and future prospects, my friend- that's what difference it makes!
Twisted Evil
I'm going to stop giving advice on this subject before I get a reputation as a homewrecker! Rolling Eyes
Maybe Richard can email an embassy or something.
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Gregor



Joined: 06 Jan 2005
Posts: 842
Location: Jakarta, Indonesia

PostPosted: Tue Feb 28, 2006 2:04 am    Post subject: Reply with quote

Wow. Man. Chill out.
There was no animosity there at all. Not a SHRED of sarcasm. I honestly thought (still think, in fact) that "common-law" was a legal marriage in Canada. I was asking because the OP's post seemed to belie that, and I found it curious. I also meant to point out some stuff that he may not have thought about because I got the further impression that he'd never been to Korea or Japan.

Even if he's married legally in Canada, his Canadian wife could easily - easily - deny that she's married to him and slip off with a rich Japanese guy. My impression is that he wants the continued benefits of a marriage while overseas, and my point is that in some cases they exist, in other cases they don't, and your word is WAY more than likely to be enough to secure your status as married.

And, again, I still don't know the answer to my question - IS "common-law" a legally binding relationship?
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Tue Feb 28, 2006 3:34 am    Post subject: Reply with quote

Quote:
And, again, I still don't know the answer to my question - IS "common-law" a legally binding relationship?


Common-law doesn't automatically get recognized province to province in Canada, much less internationally. In Ontario, it falls under the Ontario Family Act while in Quebec, it falls under the Civil Code (English Canada draws it's civil code from English Common Law while Quebec drws from Napoleanic civil code.

http://en.wikipedia.org/wiki/Common-law_marriage#Canada
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khmerhit



Joined: 31 May 2003
Posts: 1874
Location: Reverse Culture Shock Unit

PostPosted: Tue Feb 28, 2006 4:33 am    Post subject: Reply with quote

common-law marriage is a bit of a misnomer, because it is not marriage, it is not recognized as marriage under the law, and it is not even very common!! UK law does not recognize it nor does canadian common law, and only a minority of US states recognize it ... but i aint no lawyer, see for yourself------it has only a partial standing under the law, at best. Why would it be given any more, or less recognition in Asian countries?

You might wanna aske someone on the japan or korea forums...... Wink

good luck----- Laughing Very Happy Smile


[quote]However, the part that deals with marital property excludes common law spouses as sec. 2 defines spouses as those who are married together or who entered into a void or voidable marriage in good faith. Thus common law partners do not always evenly divide property in a breakup, and the courts have to look to concepts such as the constructive or resulting trust to divide property in an equitable manner between partners. Another difference that distinguishes common law spouses from married partners is that a common law partner can be compelled to testify against his or her partner in a court of law. [/quote

Shades of the Postman Always Rings Twice?? Lana Turner and John Garfield and the great Hume Cronyn.... "I said--I'll handle it." The DA tricks our hero into writing a confession and then shows it to the heroine who in turn is forced to testify against her lover--or nearly....Ah, the double-cross!!! Twisted Evil Twisted Evil


http://64.233.179.104/search?q=cache:pMKfLhXNJ0wJ:en.wikipedia.org/wiki/Common-law_marriage+common+law+marriage&hl=en&ct=clnk&cd=3
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Brooks



Joined: 16 Jan 2003
Posts: 1369
Location: Sagamihara

PostPosted: Tue Feb 28, 2006 6:12 am    Post subject: Reply with quote

look, I don`t know about Korea, but it seems more conservative than Japan.
In Japan, to get an apartment you need a guarantor. Before I got married, I wanted to live with my future Japanese wife. But, since we weren`t even engaged at that point my school said no way would they be my guarantor. I did end up getting someone else to be my guarantor but believe me it was a hassle. My wife got upset and almost didn`t move in with me.
At that point I was either going to quit my job or break up with her.
Major hassle.

Another example:
My wife`s niece will live in Kawasaki next to her boyfriend. They will have separate apartments, and will live next door to each other.
Do you see what I mean? I am not kidding.

The way to get around it is for one of you to come to Japan alone, get the apartment and then have your partner move in with you after a few months.
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schwa



Joined: 12 Oct 2003
Posts: 164
Location: yap

PostPosted: Tue Feb 28, 2006 11:19 am    Post subject: Reply with quote

Most Koreans consider shacking up somewhat scandalous but if its between 2 westerners they dont seem to pay it much mind.
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