Anaya Nolan
Since 30 June 2004, common-law couples in Manitoba have had the option to register their relationships at the Vital Statistics Agency. Once a relationship is registered, property laws apply to the couple in the same way they would to a married couple. If a couple does not register their relationship, Manitoba's property laws will apply to them once they have lived together for a certain period of time. There are varying requirements for the minimum time needed to be considered a common-law couple in Manitoba, with some sources citing one year and others three years.
| Characteristics | Values |
|---|---|
| Registration | Registration is voluntary. Common-law couples can register their relationship at the Manitoba Vital Statistics Agency. |
| Time requirement | The minimum time requirement for common-law relationships is three years, but there are some exceptions. If the couple has a child together, the time requirement is one year. |
| Rights | Common-law couples have many of the same rights as married couples, including spousal support and property rights. They are also entitled to half the value of the property if they separate. |
| Dissolution | A registered common-law relationship can be dissolved after the couple has lived apart for at least one year. If the relationship is not registered, it is considered dissolved after three years of living apart. |
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What You'll Learn
Registering a common-law relationship
Since June 30, 2004, common-law couples in Manitoba have been able to register their relationships at the Vital Statistics Agency. Registration is not mandatory, but it does grant common-law couples many of the same rights as married couples. For example, if a common-law couple splits up, each partner will be entitled to half the value of the property acquired during the relationship, including pensions.
To be considered a common-law couple in Manitoba, you must either register with Vital Statistics or live together for a minimum of three years. If you have a child with your partner, this minimum period is one year.
To register a common-law relationship, both parties must be at least 18 years of age, resident in Manitoba, and living together in a conjugal relationship. Neither party can be married or be a party to another common-law relationship that is currently registered in Manitoba and has not been dissolved. The following documents must be submitted for each party: a birth certificate, Canadian Citizenship certificate, or immigration record. If either party has previously been married or has registered a common-law relationship, a photocopy of a Certificate of Divorce, proof of death of a former spouse, or a copy of the registration or certificate of dissolution of the common-law relationship is also required.
Registration and any accompanying payment may be made in person by cash or bank debit card, or by cheque, money order, or credit card. Cheques are payable to "Minister of Finance". The form and fees are to be submitted to the Vital Statistics Branch, and a common-law relationship certificate may be issued on payment of the prescribed fee.
It is important to note that if you register your common-law relationship, you can only terminate it by registering dissolution after you have lived apart from your partner for at least one year.
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Rights and benefits
Property rights
According to Manitoba's Family Property Act, both married spouses and common-law partners have a legal right to an equal share of any property acquired by either or both partners during their relationship, regardless of who owns the property or where it is located. This also applies to pensions.
Dissolution of a common-law partnership
If a common-law couple separates, each partner is entitled to half the value of the property acquired during the relationship. If the couple has registered their relationship with the Vital Statistics Agency, they can only terminate it by registering dissolution after living apart for at least one year. If the relationship is unregistered, they must live apart for at least three years for it to be considered dissolved.
Inheritance rights
If one member of a common-law couple dies without a will, the surviving partner will receive all or most of the deceased partner's property. If the deceased has a will that neglects the surviving partner, the law will override the will to ensure the surviving partner receives their fair share of the family property. However, it is important to note that outside of Manitoba, common-law partners may not have the same inheritance rights as married spouses.
Spousal support
Common-law partners who have registered their relationship with the Vital Statistics Agency, or lived together and have a child together, or lived together for at least three years if there are no children, have the same rights under the Family Maintenance Act as legally married spouses, including the right to seek spousal support. Spousal support depends on factors such as the length of the relationship and economic disadvantage to one partner.
Child custody and financial support
Common-law partners have significant rights and responsibilities in areas such as child custody, financial support, and access to financial information about their partner.
Registration
Registration of a common-law relationship is voluntary in Manitoba. To register, both parties must be at least 18 years old, resident in Manitoba, and living together in a conjugal relationship. Neither party can be married or be a party to another common-law relationship that has not been dissolved.
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Separation and dissolution
In Manitoba, a common-law relationship can be dissolved in two ways, depending on whether the couple has registered their relationship with the Vital Statistics Agency. If the relationship is registered, it can only be terminated by registering the dissolution after the couple has lived apart for at least one year. If the relationship is not registered, it is considered dissolved once the couple has lived apart for at least three years.
The process of dissolving a common-law relationship in Manitoba involves several important steps and considerations:
Separation Agreement
A common-law separation agreement is a legally binding contract that outlines the rights and responsibilities of former partners after their separation. This agreement typically covers areas such as the division of jointly owned property, real estate, vehicles, investments, debts, and, if applicable, parenting arrangements such as custody, visitation schedules, and decision-making authority over any children the couple may have together. It is recommended that each partner obtain independent legal advice before signing the separation agreement.
Property and Asset Division
According to Manitoba's Family Property Act, both married spouses and common-law partners have the legal right to an equal share of any property acquired during their relationship, regardless of ownership or location. This means that if a common-law couple separates, each partner is entitled to half the value of the property acquired during the relationship, including pensions. This right to equalization of assets can be exercised by either former partner within 60 days of the dissolution being registered.
Spousal Support
Spousal support, or partner support, may be stipulated in the separation agreement and can depend on factors such as the length of the relationship, economic disadvantage to one partner, and the degree of codependency between the partners.
Registration of Dissolution
If the common-law relationship was registered, the dissolution must also be registered with the Manitoba Vital Statistics Branch. The registration form must be accompanied by proof of service on the other party within 30 days before the registration form is received. Identification and proof of name change (if applicable) are also required. If only one party registers the dissolution, the other party must be served with a copy of the completed registration.
It is important to note that the information provided here may not cover all the complexities and specific circumstances of a common-law relationship dissolution in Manitoba. For comprehensive guidance, it is advisable to consult a lawyer or seek legal advice from the Family Law Hub or Manitoba Justice.
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Property rights
In Manitoba, common-law couples have many of the same property rights as married couples. These rights are outlined in the province's Family Property Act, which came into effect on June 30, 2004, and apply to both married and common-law partners.
According to the Act, both spouses or common-law partners have a right to an equal share of any property acquired during their relationship, regardless of who owns the property or where it is located. This includes family property, such as the family home, as well as pensions and other assets. If a couple cohabits for a period immediately before their marriage, the property acquired during cohabitation is also considered family property.
The Act also protects common-law partners in cases of separation or intestate estates. If a common-law couple splits up, each partner is entitled to half the value of the property acquired during their time together, including pensions. This is similar to the process for married couples, where assets and debts are typically divided equally upon separation.
In the case of death, if one partner in a common-law relationship dies without a will, the surviving partner will receive all or most of their partner's property. This is outlined in the Intestate Succession Act. Additionally, if the deceased partner leaves a will that neglects the surviving partner, the law can override the will to ensure the surviving partner receives their fair share of the family property.
It is important to note that registration of a common-law relationship is voluntary in Manitoba. Property laws will generally apply to a couple after they have lived together for a minimum of three years. However, this period can be shorter or longer depending on the specific circumstances, such as having children together or other factors. Couples with concerns about property rights should seek legal advice to understand their specific situation.
To opt out of these property-sharing laws, common-law couples can enter into cohabitation or separation agreements. These agreements should be made with the consultation of a lawyer to ensure they meet legal requirements. Additionally, creating a will can help protect a common-law partner's rights and ensure they inherit according to one's wishes.
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Common-law with children
In Manitoba, common-law relationships are available to both same-sex and different-sex unmarried couples. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary, and many of the laws apply automatically to any couple in the province after living together for several years.
To be considered a common-law couple in Manitoba, you must either register with the Vital Statistics Agency or live together for a minimum amount of time. The minimum time requirement is three years, but there are some exceptions. For example, if you have a child with your partner, you are considered common-law after cohabiting for a minimum of one year.
If you've registered your relationship, you can only terminate it by registering dissolution after living apart from your partner for at least one year. If you aren't registered, you must live apart for at least three years for your relationship to be considered dissolved. A separation agreement is a legally binding contract that outlines the rights and responsibilities of former common-law partners after their separation. It typically covers areas such as the division of jointly owned property, debts, and parenting arrangements like custody, visitation schedules, and decision-making authority over the children.
The separation agreement will also determine the amount of child support to be paid by the non-custodial parent, taking into account factors like income and parenting time. Spousal support depends on factors like the length of the relationship, economic disadvantage to one partner, and the degree of codependency between the partners.
It's important to note that common-law partners in Manitoba have certain rights and obligations. According to the Family Maintenance Act, registered common-law partners or those who have lived together and have a child together have the same rights as legally married spouses, including the right to seek spousal support. While they are living together, each partner has significant rights and responsibilities in areas such as child custody, financial support, access to financial information about the partner, use of family assets, consent to the sale or rental of the family home, and pension benefits under plans governed by Manitoba law.
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Frequently asked questions
To be considered a common-law couple in Manitoba, you must either register with the Vital Statistics Agency or live together for a minimum of three years. If you have a child together, the minimum time requirement is one year.
Registration of a common-law relationship in Manitoba is voluntary. You can register by completing and filing a form with the Manitoba Vital Statistics Agency. Both parties must be 18 or older, living in a conjugal relationship in Manitoba, and not married or party to another common-law relationship.
If you’ve registered your relationship, you can only terminate it by registering dissolution after you’ve lived apart from your partner for at least one year. If you aren’t registered as a common-law couple, you must live apart for at least three years for your relationship to be considered dissolved.
Since June 30, 2004, all laws in Manitoba governing property rights of married couples were made applicable to common-law partners. This means that if a common-law couple splits up, each partner is entitled to half the value of the property acquired during the relationship, including pensions.
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