Gavin Howe
In Ontario, Canada, two people are considered common-law partners if they have lived together in a conjugal relationship for at least three years. The criteria for a common-law relationship differ based on the province in Canada. For instance, in Alberta, a common-law relationship is called an Adult Interdependent Relationship, which requires a formal agreement or at least three years of cohabitation. In Ontario, if a couple has a child together, the cohabitation requirement is reduced to one year. To apply for common-law status in Ontario, you must provide evidence of your relationship, such as proof of cohabitation or the duration of the relationship. This could include rental agreements, shared bills, official IDs with the same address, and evidence of shared financial responsibilities. It is important to understand the distinctions between married spouses and cohabiting partners to protect yourself in the event of a separation.
| Characteristics | Values |
|---|---|
| Definition of common-law partnership | Unmarried couples living together for at least 12 months or sharing a child |
| Application process | Online submission of PDF forms and evidence of the relationship |
| Sponsorship | Canadian citizens, Registered Indians, or permanent residents aged 18+ can sponsor their common-law partners |
| Rights and obligations | Differ from those of married spouses, especially regarding property and inheritance |
| Evidence of relationship | Rental agreements, shared bills, official IDs with the same address, shared finances |
| Work permit | Sponsored partners may be eligible for an Open Work Permit |
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What You'll Learn
Common-law partnership requirements
In Ontario, Canada, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three years. A "conjugal relationship" in Canada is more than just a sexual relationship. It involves sharing a home, finances, friend groups, and an emotional connection, in addition to having a sexual relationship. If a couple has a child together by birth or adoption, they only need to have been living together for one year.
It is important to understand the distinctions between married spouses and cohabitating partners to protect yourself in the event of a relationship breakdown. Common-law partners do not have the same rights and obligations as married spouses. For instance, in most provinces and territories, common-law partners don't have an automatic right to an equal division of property upon separation. Each partner generally keeps what they own. However, in certain provinces, such as British Columbia, common-law partners have the same property rights as married couples after living together for a certain period.
Despite not being legally married, common-law partners are covered by many of the same laws and protections as married partners. Common-law partners are entitled to share property rights and benefits, such as pensions and insurance, and are also entitled to spousal support if the relationship ends. In Ontario, the Family Law Act outlines guidelines for spousal support in common-law relationships. Common-law partners may also be eligible for immigration sponsorship, tax benefits, and parental rights and obligations.
To prove that you and your partner have been together for 12 months, you may need to provide various documents, such as photographs, telephone bills, letters, and certified photocopies of relevant documents. However, it is important to note that the specific requirements may vary, and you should refer to the document checklist provided during the application process.
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Rights of common-law spouses
In Ontario, Canada, two people are considered common-law partners if they have lived together for at least three years or have lived together for one year and have a child together. While common-law spouses do not have the same property rights as married couples, they do have certain rights and remedies available to them.
Property Rights
Common-law spouses may be entitled to property or compensation for property acquired during the relationship. They can also enter into a domestic contract, such as a cohabitation agreement, to divide their property as they see fit. However, if they cannot agree, they may need to go to court for a decision on equalization payments.
Child Custody and Support
Common-law spouses in Ontario have the same rights to child custody, access, and support as married spouses. If children are involved, arrangements for custody, access, and child support will need to be made, just as they would for a married couple.
Estate Planning
Common-law spouses do not have the right to inherit from an intestate estate, so it is essential to have a will and estate plan in place. By creating a will, you can designate your common-law spouse as a beneficiary and ensure they are protected.
Sponsorship
If you are a Canadian citizen or permanent resident, you can sponsor your common-law partner who lives with you in Canada or overseas. The person you are sponsoring must be at least 18 years old and pass background, security, and medical checks. Your obligations as a sponsor begin as soon as the undertaking is in effect, and you may need to meet specific residency requirements.
It is important to note that the rights of common-law spouses may vary depending on the specific circumstances and laws in Ontario. Seeking legal advice from a family law lawyer can help clarify your rights and obligations.
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Sponsorship application
In Ontario, Canada, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three years. If they have a child together, they only need to have been living together for one year. A "conjugal relationship" in Canada is one in which two people share a home, finances, friend groups, and an emotional connection, in addition to having a sexual relationship.
If you are a Canadian citizen, a Registered Indian, or a permanent resident of Canada who is 18 years of age or older, you can apply to sponsor your common-law partner and their dependent children. You can also sponsor your spouse, conjugal partner, or dependent child.
To be eligible for sponsorship, your common-law partner must have valid temporary status in Canada, either as a worker, student, or visitor. You must also prove that you are recognised as common-law partners, such as through employment or insurance benefits, and provide proof of shared expenses and your relationship (e.g. letters, emails, social media).
There are two main options for sponsorship: Outland and Inland. For Inland sponsorship, the sponsor and sponsored person must be at least 18 years old, and the sponsor must be a Canadian citizen or permanent resident in Canada. The sponsored person must not have been sponsored by their spouse in Canada in the five years preceding the submission of their application. The sponsor must also sign an undertaking, promising to provide financial support for the basic needs of the sponsored person and their dependent children. The length of the undertaking is three years from the day your common-law partner becomes a permanent resident.
The Canadian government aims to make decisions on spousal sponsorship applications within 12 months.
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Evidence of a genuine relationship
In Ontario, Canada, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three years. The time requirement is reduced to one year if the couple has a child together by birth or adoption. A "conjugal relationship" in Canada is more than just a sexual relationship. It involves sharing a home, finances, friend groups, and an emotional connection.
To prove that a conjugal relationship is genuine, couples may need to provide evidence of the following:
- Strong emotional support between partners and communal recognition of the relationship.
- Sharing finances, taking care of each other mutually, and having a sexual connection.
- Joint bank accounts, co-signed leases, or proof of combined financial obligations.
- Financial interdependence demonstrated through joint insurance policies that name both parties as beneficiaries.
- Continuous communication such as email exchanges and phone call histories.
- Supportive affidavits delivered by acquaintances or family members that affirm the reality of the relationship.
It is important to note that photos, telephone bills, letters, videos, and CD-ROMs are not accepted as proof of a genuine relationship. Instead, couples should refer to the document checklist to find out what to submit with their application. Certified photocopies of original documents such as marriage certificates and passports may be required.
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Common-law separation
In Ontario, Canada, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three years. The definition of a "conjugal relationship" in Canada is one in which two people share a home, finances, friend groups, and an emotional connection, in addition to having a sexual relationship. If a couple has a child together, by birth or adoption, they only need to have been living together for one year to be considered common-law partners.
The Ontario government recognises that common-law spouses are distinct from married couples, and that marriage is an extra step that grants couples the right to divide property if they separate. When a common-law relationship ends, property that is in one person's name remains theirs, and the same goes for the other person. Anything in both names, such as a house or bank account, is divided equally.
Unlike married couples, common-law partners in Ontario typically keep what they brought into the relationship or acquired during it. This also applies to the family home. If the former partners jointly own the family home, the division of proceeds upon separation will depend on the specific ownership arrangement.
There is no formal process required for common-law couples to separate, and no need for divorce. However, the process of separating can be complicated, and serious legal and financial matters must be negotiated and finalised. It is advisable to enter into a Separation Agreement as soon as possible, as this will establish and clarify the rights and obligations of each spouse, including child access and custody, child support, spousal support, division of property, and possession of the family home.
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Frequently asked questions
In Ontario, Canada, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three years. If they have a child together, they only need to have been living together for one year. A "conjugal relationship" in Canada is one in which two people share a home, finances, friend groups, and an emotional connection on top of having a sexual relationship.
To be considered a common-law partnership in Ontario, you and your partner must not be legally married and must be 18 years old or older and living together for at least 12 consecutive months. You will need to provide evidence of your relationship, such as proof of cohabitation or the duration of the relationship. This could include showing that you both own property or have a rental agreement together, shared bills, official IDs with the same address, and evidence of shared financial responsibilities.
In marriage, there is a legal document recognized by the government of Canada or the country of occurrence. In common-law relationships, there is no legal proof of a genuine relationship, so other forms of evidence are required. Married spouses may also benefit from an equalization of family property, which does not apply to cohabitating spouses.
