Gavin Howe
In Saskatchewan, common-law spouses are defined as those who have lived together for at least two years. After this period, common-law partners have the same rights as legally married couples, including equal entitlement to the net value of family property, and the same rights regarding spousal support. However, there are some differences, such as the need to create a separation agreement to divide assets and debts in the event of a separation. Additionally, common-law spouses in Saskatchewan should be aware that their wills are automatically invalidated, and they may need to create a new one.
| Characteristics | Values |
|---|---|
| Definition of common-law spousal relationship | A couple has lived together for at least two years |
| Rights of common-law spouses | Same rights as a legally married couple, including entitlement to share equally in the net value of the family property acquired from the two-year date onwards |
| Division of property | Division of property and other assets as close to equally as possible |
| Separation agreement | A legal document specifying the division of assets and debts, parenting and child support, and spousal support entitlement |
| Time limit for separation agreement claims | Two years from the date of separation |
| Common-law relationship recognition | Not a legal union, but can be made more official with a cohabitation agreement |
| Cohabitation agreement | A legal contract outlining property rights, responsibilities, and financial arrangements within the relationship |
| Estate planning | Common-law partners may be automatically entitled to receive an inheritance, but making a will allows for more control over asset distribution |
| Health care directives | Common-law partners can act as substitute decision-makers (SDMs) in the event of incapacity |
| Support purposes | Parties can become spouses if they are parents of a child and in "a relationship of some permanence" |
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What You'll Learn
Common-law spousal rights
In Saskatchewan, common-law spouses are defined as those who have lived together for at least two years. This is different from the Canada Revenue Agency's definition, which states that cohabiting for one year is sufficient. It's important to note that a common-law relationship is not a legal union and doesn't require legal documentation. However, creating a cohabitation agreement can provide legal protection by outlining property rights, responsibilities, and financial arrangements.
Once a couple in Saskatchewan has lived together for two years, they gain the same rights as a legally married couple. This includes the entitlement to share equally in the net value of the family property acquired from the two-year mark onwards. If the couple has children together, they will need to decide on issues such as decision-making authority and parenting schedules, regardless of their marital status.
When it comes to spousal support, there is no distinction between how married and common-law partners are treated in Saskatchewan. In the event of a separation, common-law spouses have the right to create a separation agreement outlining the division of assets and debts, spousal support, and child support and custody arrangements. To ensure a legally binding agreement and facilitate mediation, it is recommended to work with collaborative lawyers.
In terms of estate planning, common-law partners in Saskatchewan have automatic succession rights for intestate estates. However, if a common-law couple has been together for more than two years, their previous wills are automatically invalidated, so it is important to consider drafting a new will. Additionally, common-law partners can act as substitute decision-makers (SDMs), making healthcare decisions if one partner lacks the capacity to do so.
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Separation agreements
In Saskatchewan, a couple must live together continuously for at least two years before they are considered common-law partners. Common-law partners have the same rights as legally married spouses. This includes equal entitlement to the net value of the family property acquired from the two-year cohabitation date onwards. They also have the same succession rights for intestate estates, meaning that if one partner dies without a will, the other partner could automatically inherit their estate.
When common-law partners separate, they must divide their assets and debts, and if they have children, they must decide on parenting and child support. A separation agreement is a legal document that outlines these terms. It is recommended that couples work with lawyers who can offer mediation to ensure the agreement is legally binding and to smoothen the process in case of disagreements.
There are several ways to create a separation agreement. The most traditional way is to hire a lawyer to handle the separation and divorce, including discussing terms and conditions and suggesting conditions to add or eliminate. Alternatively, couples can choose an Alternative Dispute Resolution (ADR) service to settle complaints out of court. Couples can also create the agreement themselves without professional help, but they must ensure the agreement meets the legal standard and is within the framework of family law parameters. Proper documentation is essential to ensure the agreement is enforceable and that both parties follow through with their commitments.
Mediation and Collaborative Law are effective methods to resolve disputes amicably. Mediation involves a neutral third party who helps both partners reach a mutually beneficial agreement, while Collaborative Law involves both parties and their lawyers working together to resolve issues with a commitment to keeping the matter out of court. These approaches can lead to more sustainable and satisfactory outcomes compared to litigation.
It is important for couples to understand their legal rights and obligations when separating. This includes understanding property division, spousal support, and co-parenting matters. Consulting free sources, such as PLEA (Public Legal Education Association) or the Family Law Information Centre, or seeking legal professionals can help individuals navigate their rights and obligations and reach informed agreements.
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Property rights
In Saskatchewan, a couple must live together continuously for at least two years to be considered common-law partners. Once this status is achieved, common-law partners have the same rights and responsibilities as married couples.
Saskatchewan's Family Property Act provides a framework for dividing property between spouses in the event of a separation. The Act applies to both married and common-law partners, ensuring they have equal rights to any property acquired after their union became official. Property acquired before that date is considered separate property and is not subject to division. The division should be as close to a 50/50 split as possible, taking into account that some assets are not liquid. This may result in one spouse needing to make an equalisation payment or the sale of certain assets to facilitate an equitable division.
To protect their assets and plan for potential division, common-law couples can enter into a cohabitation agreement. This is a legal contract that outlines each partner's property rights, responsibilities, and financial arrangements within the relationship. It is a useful tool for defining assets and can be tailored to the couple's specific needs. Additionally, creating an asset list for each partner can help keep track of individual ownership and guide division if the relationship ends.
It is important to note that the division of property can have tax implications. Therefore, seeking legal or financial advice during this process can help avoid unexpected financial burdens and ensure a positive outcome for both parties.
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Child support and custody
In Saskatchewan, child support and custody are determined based on the best interests of the child, irrespective of the legal status of the child's parents. Child support is governed by federal guidelines, and children are legally entitled to it. The Federal Child Support Guidelines apply in all divorce cases unless both parents live in the same designated province, in which case, the province's guidelines are followed.
In Saskatchewan, parents can decide on a child support amount that is higher or lower than the guidelines, but if a judge is involved, they will set the amount according to the guidelines. Judges may refuse to grant a divorce if they are not satisfied with the financial support arrangements for the children. The child support amount can be changed by a court if there is a successful claim of undue hardship, which is determined by comparing the standard of living in both households.
In cases where the paying parent does not live in Saskatchewan, the Family Law Information Centre can provide help with requesting a support order. A King's Bench Court in Saskatchewan can hear cases to change a support order made under the Divorce Act as long as one party is a resident of the province. If the child does not live in Saskatchewan, it is unlikely that a court in the province will hear the case.
Before proceeding with a court application in Saskatchewan, an early dispute resolution process is mandatory. This can include mediation, collaborative law, parent coordination, or arbitration. These processes help couples reach sustainable agreements and avoid court intervention. After a year of separation, a divorce can be applied for in Saskatchewan, and it is beneficial to have a separation or interspousal agreement beforehand.
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Wills and estates
In Saskatchewan, a will, also known as a "Last Will and Testament", is a legally binding document that outlines an individual's final wishes for the distribution of their assets after they die. Anyone aged 18 or older and of sound mind can create a will in Saskatchewan. Online will services, such as Epilogue, offer a more affordable and convenient alternative to traditional estate planning lawyers, allowing individuals to create their wills for a one-time fee of under $200. These online wills are fully legal in Saskatchewan as long as they meet the necessary criteria.
When it comes to common-law relationships in Saskatchewan, it is important to note that common-law partners are considered legal spouses with the same succession rights as married spouses. This means that if an individual dies without a will, their common-law partner could automatically inherit their estate. Therefore, it is recommended that individuals in common-law relationships, especially those approaching the two-year mark of cohabitation, consider drafting a will to protect their partners, dependants, and estates.
In the context of wills and estates, the term probate refers to the legal process of administering an individual's estate after their death. Not all estates require probate, and whether probate is needed depends on the type of assets owned by the deceased and how ownership of those assets was registered. If an individual dies with a will, their appointed executor will manage the distribution of their estate. However, if there is no will, or if the executor cannot or will not act, the court may grant Letters of Administration to a person who applies to administer the estate.
To search for a will in the Wills and Estates Registry in Saskatchewan, one must provide the deceased person's full name (including any known aliases), their last known place of residence, and the date of death (or the latest date the person was known to be alive). The search process typically takes one to two weeks. Additionally, there may be legal fees involved in the estate administration process, with lawyers' fees outlined in the Rules of Court.
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Frequently asked questions
A couple needs to live together for at least two years to be considered common-law spouses in Saskatchewan.
Common-law spouses in Saskatchewan have the same rights as legally married couples. They are entitled to share equally in the net value of the family property acquired from the date they became common-law spouses. They also have the same rights with regards to spousal support, child support, and child custody.
If common-law spouses separate, they will need to divide their assets and debts, and determine child support and custody if they have children. They can create a separation agreement to specify these arrangements, and it is recommended to work with lawyers to ensure it is legally binding.
