A recent Supreme Court judgment in the case of Bowes v Taylor brought starkly into focus the fact that the law will only recognise one common-law spouse; and a person will only qualify as a common-law spouse if the facts justify it.

A common-law spouse is defined in many local statutes as a single man or woman who has cohabited with a single woman or a single man for at least five years as if they were husband and wife. The defining feature of this relationship which this case explored was the issue of what amounted to cohabitation.

After reviewing the relevant authorities, the judge concluded that the common-law union, "even if not identical to marriage, must be at least akin to it". She also identified eight signposts of cohabitation:

1. Living together in the same household. This must be as husband and wife and not just the fact of being under the same roof.

2. Sharing of daily life. The nature and extent of the interaction with each other's family is important in this regard, as well as the sharing of tasks, duties and obligations in the course of the parties daily lives.

3. Stability and a degree of permanence in the relationship. That is, not a temporary infatuation or a passing relationship, such as a holiday romance. If either party had another boyfriend or girlfriend, that would tend to negate the fact that a common-law union existed.

4. Finances. The way in which financial matters are being handled as an indication of the relationship. Evidence of dealings between the party or a joint venture to acquire, own and use property or a sharing in day-to-day expenses of the household, such as the payment of bills, would be evidence that a common-law union existed.

5. A sexual relationship. A sexual affair or living together as companions or lovers will not be adequate.

6. Children. This issue did not arise in the case; but it would appear that the fact that the parties have children together would increase the chances of a court making a favourable finding.

7. Intention and motivation. Evidence that each party treated the other as a spouse would assist the court in concluding that the union existed. The nature of their conduct and communication should show that they were involved in a committed, monogamous and stable union.

8. The 'opinion of the reasonable person with normal perceptions'. The observations of a reasonable spectator and experiences of meetings with the parties to say that the parties were spouses would be useful evidence.

While the list of factors is by no means exhaustive, the judgment provided useful insight into the nature and quality of the evidence which may be required to satisfy a court that a common-law union existed.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.