ABSTRACT
Marriage is not only a personal and private union between two consenting parties, but as an institution, marriage is distinguishable from other non-marital unions in that it carries with it certain benefits, obligations, rights and privileges1 and more particularly “confers the position or status of husband and wife”2 which, subject to the specified statutory exceptions applicable to the jurisdictions of Barbados, Belize, Guyana, Jamaica and Trinidad and Tobago, (the statutory spouse jurisdictions), are conferred and applicable only to parties to a de juremarriage. This chapter will examine the main legal consequences which arise as a direct result of the lack of legal status of the non-marital union or de facto union as compared to the marital union, including where applicable, the jurisdictions of Barbados, Belize, Guyana, Jamaica and Trinidad and Tobago in which jurisdictions, persons who qualify as statutory spouses enjoy, some, but not all, of the rights and entitlements traditionally reserved to the marital spouse.
