Legal Definitions - consortium vitae

Consortium vitae is a historical legal term that refers to the shared life and companionship between two individuals, typically a married couple. It encompasses the mutual agreement to live together, share a home, and participate in the responsibilities and intimacies of a common household.

Here are some examples illustrating the concept of consortium vitae:

• Establishing a Marriage: When a couple, Eleanor and Arthur, exchanged vows in the early 20th century, their marriage legally established a consortium vitae. This meant they entered into a formal agreement to live together, share their daily lives, and provide mutual support and companionship within their marital home. The law recognized this shared existence as a fundamental aspect of their union.

• Grounds for Divorce: In older legal systems, if one spouse, say Robert, deserted his wife, Clara, by moving out of their shared home and refusing to return without justification, Clara might have historically sought a divorce or legal separation on the grounds that Robert had broken the consortium vitae. His actions demonstrated an abandonment of the agreed-upon shared life and companionship that was central to their marriage.

• Impact on Modern Claims: While consortium vitae itself is a historical term, its underlying principles inform modern legal concepts. For instance, if a woman's husband suffered a debilitating injury due to another party's negligence, she might file a claim for "loss of consortium." This claim argues that she has lost the companionship, affection, and shared daily life—the very essence of their consortium vitae—that she previously enjoyed with her husband due to his injuries.