Are you in a common-law relationship? If so, there are several rules and regulations that you must know and act accordingly to protect your legal rights.
Although they function like a marriage, in most cases, they are highly misunderstood, and many couples don’t even know what to do in case of separation. Due to this, several people remain in uncertainty, which ultimately results in expensive litigation.
Don’t worry, we have got your back! Our common law layers are highly skilled and have several years of experience when it comes to helping and guarding the rights of the common law spouses. From making you understand the law to drafting the agreement–we will do everything.
What is Common Law?
A common law is a relationship between two committed adults who live in a conjugal relationship but are not legally married to each other. In Canada, if a couple lives together in this way for at least 1 year or more, they will qualify as a common law partner.
The only difference between these common law partners and married couples is they didn’t go through any ceremony and have no marriage certificate.
However, they can share similar bonds to married couples, starting from the finances to the assets, living in the same house, and having children together. They can also claim and include one another’s income on their tax returns.
How Do You Become a Common Law Partner in Saskatchewan?
In Saskatchewan, you need to follow a slightly different time frame to qualify as a common law partner. You and your partner have to live together as a couple for straight 2 years to qualify as a common law relationship.
However, the ground rule is you must be in a spousal relationship, despite not getting married in papers. For instance, roommates living together cannot accidentally become common law partners merely just because they live together.
Besides, you aren’t required to register with this province’s government. Instead, you can take another step to lessen the uncertainty in case the relationship breaks.
Such as, you can go for the cohabitation agreements. They work like a prenup for the common law partners. From property distribution to issues like spousal maintenance in the event of a separation, any clauses can be added, just like the prenuptial agreements.
However, you cannot include the child custody or support clauses in them as this section falls under a different category (only covered by a separate contract).
Do You Require a Separation Agreement for Common Law?
Of course. You require it to protect your rights. Otherwise, in case of a separation, you will not be able to enforce your rightful claims to anything.
Besides, having a separation agreement helps tackle many major issues without undergoing much trouble. For instance, child support, child custody, access and visitation rights, etc.
As the separation agreement is usually made with the mutual consent of both partners, there will be no room for future disputes. Hence, the smartest decision is to make it drafted and reviewed by an experienced lawyer.
Before the signing, you can still negotiate with your partner regarding any confusion or changes you want to make. Unlike marriage, there are no specific time limits for when you might dissolve your common law relationship. Instead, it will completely depend on both of you.
Common Law Relationships and Spousal Support
Cohabiting couples living together have some legal obligations towards their other partner that they need to fulfill in case their relationship breaks. Among them, spousal maintenance is one of the leading obligations.
However, whether you are entitled to spousal support or not will directly depend on the specifics of their relationship and how things ended between them.
Such as, if the partner is entitled to spousal maintenance, determining the exact amount will depend on a number of variables.
This may include the following things:
- How much are the earnings of each party?
- What is the financial condition of the payor spouse who is obligated to provide the spousal support?
- Basic necessities of each party
- Current age
- Physical condition
N.B: This is the list of the most common factors, and may vary depending on the rules and regulations of your state.
Common Law Relationships and Child Support
Whether you are married or in common law, as a parent, it is your legal duty to support and take care of your children until they reach the age of adulthood or finish their school (such as post-secondary education).
However, if the child is a special one with having a disability or is suffering from a serious illness, parents are obligated to take care of their child for a longer time as needed.
Generally, the child support is paid to the custodial parent (with whom the children live). The amount to be paid is usually decided by the court, depending on the non-custodial parent’s income and the number of children that needs to be supported.
Remember, child support is the legal right of a child that every parent must fulfill. Failure to pay them on time without any valid cause can land you in a drastic situation with several punishments and penalties.
Common Law Relationships and Property
You are still entitled to property distributions even if you are in a common-law relationship. However, unlike married spouses, there are some exceptions for common-law spouses:
They cannot have an equal right to live in the matrimonial house unless the property is owned by both of them equally. In other words, the partner who owns the house will have the only right to stay in it after the separation.
There can be no such thing as entitlement to the equalization of the growth in terms of the net worth between the partners during the event of a marriage.
That is, in case of the breakdown of a common law relationship, each partner gets to keep everything that is under their name. And any items bought jointly will have equal distributions.
Here, unlike the married couples, who share about 50% of the family’s assets and debts automatically, the common law couples cannot enjoy any such rights, despite the long number of years they are living together.
Contact Regina Common Law Lawyer
Going through a common law separation? Or planning to draft a separation agreement or cohabitation agreement? For any query, you can always book a consultation with our experts.
Whatever the situation is, our specialists know the exact law to pursue the best interest for you and your children.
Call us at (306) 791-2189 or email us at contact@reginadivorcelawyer.ca. We are available 24/7 to help you.
FAQs
Is Common Law Categorized in Canada?
Of course. In Canada, if you are in a conjugal relationship and are living with a person for at least 1 year or more (may vary depending on your state’s rules), you qualify for a common law relationship.
What Kind of Rights Does a Common Law Partner Have in Canada?
Common law partners have almost the same rights as the married couples. Such as, you can have children together or adopt them, share finances and other utility bills, and may have to pay spousal maintenance (in case of a separation, if the court orders to or have an agreement).
Can a Common Law Partner Take Half?
No, they cannot. Unlike the marriage, the common law partner cannot take half unless there is a written agreement stating so.
What Happens If You Break up with Your Common Law Partner?
In case you break up with your common law partner, you will not have to wait for the court to make the separation official. Instead, you can settle all the disputes among yourselves and part your ways without having to go the court for even once. However, it is always advised to take legal help under every circumstance to leave no room for mistakes.
