How to Establish You’re a Common Law Couple in Canada

Jan 18, 2024

Marriage isn’t the only union between a couple. In fact, Canada is one of the leading countries for couples living in common law relationships, with more on the rise. With the gaining popularity of being a common law couple in Canada, more people are looking to understand the rights and responsibilities that come with this title. From understanding the duration of cohabitation to unraveling the legal rights and obligations involved, we will explore the essentials that define a common-law relationship in Canada.

Common Law Relationships 101

In Canada, common law relationships are recognized when a couple has lived together for a certain period without being legally married. In Ontario, common law relationships are officially recognized when a couple has lived together for at least three years or has a child together and is in a relationship of some permanence. Understanding this criteria is the first step to recognizing your common law status. The duration of cohabitation plays a crucial role in establishing common law status.

Legal Rights and Obligations

While common law couples don’t have the same legal rights as married couples, they do have certain rights and obligations. Common law couples should consider the following:

• Property Rights: How property acquired during the relationship is divided in the event of separation is unique to every couple.
• Spousal Support: Spousal support, particularly if there is a significant income disparity between partners. Factors such as the length of the relationship and financial contributions may come into play.
• Parenting Time, Decision Making Responsibility, and Support: Issues related to parenting time, decision making responsibility, and child support, with a focus on the best interests of the child. This may involve negotiations.

Documentation and Registration in Ontario

While common law couples in Ontario are not required to register their relationship, having a written cohabitation agreement can be beneficial. This agreement can clarify expectations and simplify matters in the event of a separation, providing a legally recognized framework.

A family lawyer can provide tailored advice based on specific laws and regulations, helping you make informed decisions and protect your interests.

Establishing your common law status in Ontario requires thoroughly understanding cohabitation duration, legal rights, and obligations. Whether you’re considering documenting your relationship or seeking legal advice, taking proactive steps ensures that you clearly understand your rights and responsibilities in the unique context of common law partnerships in Ontario.

Want to learn more about your rights as a common-law couple in Canada? Contact the Kelly D. Jordan Family Law Office Today

We distinguish ourselves through a compassionate approach at Kelly D. Jordan Family Law office. With over twenty five years of experience, Kelly Jordan and her accomplished team stand at the forefront of Ontario’s family law landscape, possessing a profound understanding of family law.

Our dedicated team is here to offer the guidance and support you need. Connect with us through our online channels or contact our Toronto offices at 416-849-5501 to take the first step toward safeguarding your child’s well-being.

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