What is the test for determining whether a marriage exists?
Nova Scotia, Canada
The following excerpt is from Crouse v. Crouse, 2001 NSSF 21 (CanLII):
In McKenna v. McKenna (1974), 19 R.F.L. 357, 10 N.S.R. (2d) 268 (N.S.C.A.), MacKeigan, C.J.N.S. quoted (at p. 358 R.F.L.) from the trial judge’s decision: In determining whether a marriage exists the court must give greater weight to those matters that should be peculiar to a husband and wife relationship, i.e., sexual relations, joint social ventures, communication and discussion of family problems, etc., than to the performance or non-performance by the wife, for example, of meal preparation and laundering, tasks that can be done by any maid or housekeeper.
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