The month of October is Domestic Violence Awareness month. With recent reports of heinous crimes among partners, it’s timely for us to examine possible legal measures to mitigate and prevent domestic violence. As such, we will review what is a “Protection Order”, and how it can be utilized in circumstances of domestic violence.
A common-law relationship is possibly the most prevalent form of committed relationship in Jamaica. Many individuals opt out of walking down the aisle to marry their significant other because of fear of commitment yet their day-to-day activities is similar and in likeness to that of a married couple. The main fear indicated by many is the thought that if they live together and eventually separate, there will be no need for division of property. This is a common misconception as there are laws to protect parties who have been in a common law union.
Defining Spouse
Section 2 of The Property (Rights of Spouses) Act defines “spouse” as including a single man and a single woman who have been cohabiting together as if they were in law husband and wife for no less than five years. The term ‘cohabit’ is defined as meaning, ‘to live together in a conjugal relationship outside of marriage’.