Belize Recognizes Common-Law Wives' Rights

Belize's legal system is based on English Common Law, inherited from its time as a British colony. The country defines a common-law union as a relationship between a man and a woman who are not legally married to each other or anyone else, but who cohabit together as husband and wife for at least five years. This means that, in Belize, a common-law wife has the same rights as a legally married wife in terms of property and inheritance rights, as well as maintenance payments in the event of a separation. However, it is important to note that a common-law union does not automatically grant spousal rights to an unmarried partner if their spouse is still legally married to someone else.

Common-law wives have inheritance rights

Belize's legal system is based on the common law of England, which is adversarial in nature. The country's laws are also influenced by precedent law in England and the British Commonwealth. Belize's Supreme Court hears serious civil and criminal cases, while preliminary hearings of less serious civil cases are held in district courts.

In Belize, a common-law wife is defined as a woman in a "common-law union" or "common-law marriage". This is a relationship between a man and a woman who are not legally married to each other or anyone else and who have cohabited together continuously as husband and wife for at least five years.

Common-law wives do have inheritance rights in Belize. In the case of Flowers v. Jeffords (2018), the claimant alleged that her common-law husband passed away without a will. His son, the defendant, attempted to evict her from the home she had shared with the deceased. The court analysed the nature of the claimant's relationship with the deceased and held that she was "the female party to a common-law union with [the deceased] up until the time of his death" and therefore a lawful beneficiary of his estate.

In another case, Supaul v. Lalchand (2018), the court had to determine whether the parties were involved in a common-law union and the dates of that union. The applicant alleged that the parties lived together as man and wife for eight years, while the respondent claimed that the first two years involved only a sexual relationship and that they did not live as husband and wife for the last four years. The court found that there had been a common-law union for eight years.

It is important to note that for legal rights to accrue to either party in a common-law union, the "living together" must have been for five years or more.

They can claim maintenance and division of property

In Belize, a "common-law union" is a relationship between an unmarried man and an unmarried woman who live together continuously as a married couple for at least five years. This is based on the country's common law legal system inherited from England.

In the case of Supaul v. Lalchand (2018), the Supreme Court of Belize recognised the applicant as being in a common-law union with the respondent for eight years, despite the respondent's claims that their relationship was purely sexual for the first two years and that they did not live as a married couple for the last four years due to instability.

Once a common-law union is established, the couple gains certain legal rights, including the right to claim maintenance and division of property.

In terms of maintenance, upon divorce, the court has the discretion to order a husband to pay maintenance to his former common-law wife for the remainder of her life. The amount is determined by the court and is generally based on one-third of the couple's joint incomes, less the wife's income. This is to ensure the former wife can maintain the standard of living she enjoyed during the relationship.

Regarding the division of property, in the case of Flowers v. Jeffords (2018), the Supreme Court of Belize recognised the claimant, who was in a common-law union with the deceased, as a lawful beneficiary of his estate. The claimant had lived with the deceased for several years before his death and was able to prove their relationship met the criteria of a common-law union. As such, she was entitled to a share of his property and wealth.

It is important to note that the recognition of common-law unions and the associated rights, such as maintenance and division of property, are dependent on the specific facts and circumstances of each case, as determined by the courts in Belize.

They can be recognised as a lawful beneficiary of an estate

In Belize, a common-law wife can be recognised as a lawful beneficiary of an estate. This was demonstrated in the case of *Flowers v. Jeffords* (2018), where the claimant alleged that her common-law husband passed away without a will. The defendant, the deceased's son, attempted to evict her from the home she had shared with the deceased. The court analysed the nature of the claimant's relationship with the deceased and held that she was "the female party to a common-law union with [the deceased] up until the time of his death", making her a lawful beneficiary of the estate.

To be recognised as a common-law wife in Belize, a woman must meet certain criteria. Firstly, the union must be between one man and one woman, both of whom are of the legal age of consent (16 years old). Additionally, both parties must be unmarried and not in any other relationship. Furthermore, the couple must have cohabited continuously as husband and wife for a period of at least five years. This is defined in Chapter 91, Laws of Belize, which states that a common-law union is a "relationship that is established when a man and a woman who are not legally married to each other and to any other person cohabit together continuously as husband and wife for a period of at least five years."

It is important to note that simply being in a sexual or intimate relationship does not constitute a common-law partnership. The relationship must also display typical signs of a marital union, such as sharing a household, financial support or pooling of resources, a sexual relationship, public acknowledgement of the relationship, and the presence of children. These factors were considered in the case of *Flowers v. Jeffords*, where the court examined the nature of the claimant's relationship with the deceased to determine if it met the criteria for a common-law union.

In Belize, the legal system is based on English Common Law, inherited from its colonial past. The Supreme Court of Belize, the Court of Appeal, and magistrates' courts play crucial roles in interpreting and enforcing these laws. While the recognition of common-law unions provides some rights to unmarried partners, there are still complexities and limitations, especially when compared to the immediate rights granted by a legal marriage.

They can file for divorce in the event of adultery

In Belize, a common-law union is defined as a relationship between a man and a woman who are not legally married to each other or anyone else, but who live together as husband and wife for at least five years. Adultery is not a criminal offence in Belize, but it is recognised in law as a basis for divorce.

Chapter 175, Section 3.1(a) of the Married Persons Protection Act permits either spouse to file for divorce in the event of adultery. This is the case whether the couple is legally married or in a common-law union.

For example, in the case of Vasquez v. Vasquez (2017), the Supreme Court of Belize granted a dissolution of marriage on the grounds of the respondent's adultery. The petitioner then successfully filed for maintenance for herself and their children, as well as for other expenses.

It is important to note that, in Belize, a common-law union is only legally recognised after a couple has lived together for five years or more. Therefore, if a couple has been living together for less than five years and one spouse commits adultery, the other spouse may file for divorce, but they would not be entitled to the same legal rights as a couple in a legally recognised common-law union.

They can claim custody of their children

In Belize, a common-law union is defined as an unmarried man and an unmarried woman who live together as a couple for a continuous period of at least five years. This is based on the common law system inherited from England, which is a system of law based on unwritten laws and court decisions.

In terms of child custody, while the Belize Family Court oversees cases regarding child custody, there is a specific advantage for women in a common-law union. Since there is no lawful marriage, the children of that union, upon separation, are under the full and sole custody of the mother. The mother is considered a single woman for the purpose of child custody, and the children's custody is hers unless the father can prove her unfitness. This is an unusual advantage of being in a common-law union as opposed to a lawful marriage.

The Belize Family Court's mission is to serve the public by offering a complete, professional, and family-centered service in a caring, committed, and confidential manner, based on the principles of dignity and respect for all. The court exists to settle family and juvenile matters holistically and to provide alternative methods for reconciliation, protection, rehabilitation, growth, and development for all involved.

The court handles various cases, including securing the rights of a child, appointing custody of children, providing support for children by the government, determining family maintenance, and ensuring the proper care and protection of children. They also handle adoptions and assign foster care placements. The court's main function is to keep society together through the administration of justice for family and juvenile matters.

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