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What Does Domestic Partnership Mean in Canada?

What Does Domestic Partnership Mean in Canada

Do you want to live with your partner in a committed relationship without getting married legally? If yes, you can leverage the domestic partnership approach in Canada. It will allow you to live with your partner without getting married. You will live like real and married couples, but the legal rights and obligations will not be slightly different.

Are you considering a domestic partnership in Canada? Then, you must know the legal rights and obligations that come with it. 

What is a Domestic Partnership?

In Canada, domestic partnership refers to a relationship between two individuals living together. Their relationship is committed and a long-term arrangement without getting married legally. Domestic partners share responsibilities, financial obligations, and household duties, just like married couples. Canadian Law provides some benefits and rights to domestic partners depending on the region that is not equal to married couples.

How Domestic Partnerships Are Legally Recognized in Canada?

Understanding the Canadian legal position on domestic partnerships is crucial for anyone thinking about or currently involved in one. Even though these relationships are legal in Canada, the regulations governing them vary from province to province. We have compiled a detailed explanation of the Canadian system for recognizing domestic partnerships.

Federal Laws for Domestic Partnership

Domestic partnerships in Canada are not specifically recognized by federal legislation. The Tax Act and the Canada Pension Plan are two examples of federal statutes that treat common-law partners the same way as spouses for the purposes of benefits and responsibilities. If you want to be legally recognized as a common-law couple, you need to have lived together for one full year.

Province Laws for Domestic Partnership

In Canada, the domestic relationships and the laws regarding it are governed by the province. Some provinces, like Nova Scotia, have legislation that directly recognizes domestic partnerships. On the other hand, British Columbia or Ontario doesn’t recognize domestic partnerships formally. But, common-law partners have some rights in some cases like spousal support or property rights.

You have to understand that the laws of domestic relationships can change depending on the unique situation of each case. In a nutshell, domestic partnerships are not equally recognized all over Canada similarly. 

Obligations and Rights of Domestic Partnership

The obligations and rights in a domestic partnership are not the same as married relations. But there are some similar advantages you can get. Here are major rights and responsibilities:

Financial Responsibilities

Just like married pairs, people in domestic relationships help each other out financially. In this case, both partners are responsible for paying the rent, taxes, and any other costs that come up in the home. If one partner loses their job or gets sick and can’t work, the other partner may have to help pay the bills.

Property Rights

In Canada, people who live together as a couple have certain property rights. When a couple buys something together, they both have the same rights to it. Another thing is that if one partner dies, the asset might go to the other partner.

Healthcare Decisions

As a married couple, the spouses can make medical choices for each other. This is what will happen if one of them gets hurt or sick.

What is the Process for Signing up a Domestic Partnership?

There is a specific process to apply for domestic partnership registration. Here is a step-by-step guide to the domestic partnership registration process:

Check if a Domestic Relationship is accepted in the Province Legally

All regions in Canada don’t accept domestic relationships directly. You can’t register as domestic relationship partners if your province doesn’t allow it. For example, look at Quebec and Ontario. They don’t even have a registration process. In such cases, you can apply for a cohabitation arrangement to safeguard your rights.

Check if You Meet All the Criteria for Domestic Partnerships

In order to register for a domestic partnership in a province that allows them, you must first fulfill specific criteria. Nova Scotia law recognizes domestic relationships, as we have already said. Before you may file for a domestic relationship there, you must complete these essential requirements:

  • Both partners must be 19 years or older
  • You have to live in the province for the last 3 months or more
  • Both partners mustn’t have a marriage contract
  • Both have to live in a conjugal relationship

If you meet all these requirements, you can move on to the next phase.

Gather All Required Documentations

The required documents for registering for a domestic relationship can vary from province to province. But, there are some basic documents you need in all the provinces, such as:

  • Identification documents
  • Residency proof documents
  • Documents that declare the relationship status

For other required documents, check what else your province requires.

Complete and Submit the Registration Form

You will get a form to register the domestic relationship. Depending on your province, you may get the form online or in the government office. Either way, you should contact the local government office to get a better idea of what documents you need. It will also clarify the meaning, responsibilities, and obligations of domestic relationships in your province. You might need to provide a fee for this process.

Collect Partnership Certificate

The government will process your registration form and documents to finalize your application. After that, you will get your domestic relationship certificate.

You will be entitled to a range of legal benefits with this certificate, some of which are rights that married couples get. The benefits also depend on the province you live in. Some of the core benefits are:

  • Benefits regarding healthcare
  • Rights of inheritance
  • In terms of health, you can make choices for your partner.

What are the Benefits of a Registered Domestic Partnership?

Depending on your province, you can get some useful and important benefits after registering as domestic partners. We have made a list of more or less common benefits you get.

  1. Property Rights
  2. Inheritance Rights
  3. Health and Medical Benefits
  4. Tax Benefits
  5. Spousal Support
  6. Pension and Employment Benefits
  7. Parental Responsibilities and Rights

This is crazy! You almost get all the rights of married couples without legally getting married.

Final Words

So, what is the bottom line? All the provinces in Canada don’t directly accept this kind of domestic relationship. But in some provinces, you almost get the benefits of married couples without legally getting married. If you are considering a domestic relationship, we recommend you consult with an expert and experienced family lawyer first.

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