Kara Sears
In Saskatchewan, common law refers to a couple who live together in an interdependent, marriage-like relationship for at least two years. Common-law partners have the same legal rights and obligations as married couples in the province, including when it comes to spousal support, child support, child custody, and estates. However, there are some differences in how common-law spouses are treated in certain situations, such as taxes, immigration, or estate planning. For example, in most places in Canada, common-law spouses are not treated the same as legally married spouses when it comes to intestacy and succession laws. This guide will explore the legal rights and obligations of common-law couples in Saskatchewan, as well as the complexities that may arise in areas such as separation, property division, and financial support.
| Characteristics | Values |
|---|---|
| Time of cohabitation | 2 years |
| Marital status | Unmarried |
| Relationship type | Conjugal |
| Relationship nature | Interdependent, marriage-like |
| Relationship intentions | Share in each other's lives, be emotionally committed to each other, be financially interdependent |
| Rights | Same legal rights and obligations as married spouses |
| Intestacy | Considered legal spouses with the same succession rights as married spouses |
| Child support and child custody | Same as married spouses |
| Estate planning | Will is automatically invalidated |
| Taxation | Couples are taxed as common-law spouses |
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What You'll Learn
Cohabitation agreements
In Saskatchewan, a couple is considered to be in a common-law relationship after living together continuously for at least two years. This can vary depending on the issue being addressed. For federal tax purposes, 'living common-law' means living together for 12 continuous months or sharing a child by birth or adoption.
It is important to note that cohabiting couples in Saskatchewan do not have the same legal rights as married couples. Property division and financial rights may differ unless specified in a cohabitation agreement. While it is not mandatory to have a lawyer for a cohabitation agreement in Saskatchewan, seeking legal advice is highly recommended to ensure the agreement is fair, comprehensive, and legally enforceable, reducing the risk of potential disputes.
When drafting a cohabitation agreement, it is crucial to consider the unique circumstances and needs of each couple. This includes factors such as basic needs, standard of living, and any children involved. By creating a cohabitation agreement, couples can protect their assets and plan for asset distribution in the event of a breakdown of the relationship or to minimize living costs.
In summary, cohabitation agreements offer a way to legally define the rights and responsibilities of each party in a common-law relationship, providing peace of mind and financial security. With the support of legal professionals, couples can tailor these agreements to their specific situations, ensuring fairness and adherence to the legal requirements of Saskatchewan.
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Wills and succession
In Saskatchewan, a will is a legal document that outlines how your assets will be distributed after your death. It also dictates who will manage your estate, and who will be the guardian of your minor children, if applicable.
The process of creating a will in Saskatchewan is straightforward. Firstly, you must be over 18 years of age and of sound mind. Secondly, it is recommended to have your will witnessed by a lawyer, or by two witnesses if there is no lawyer present. These witnesses cannot be relatives or named attorneys.
Saskatchewan's succession laws dictate that if you die without a will, your assets will be distributed according to the Intestate Succession Act, 2019. This means that your spouse will inherit your entire estate if you have no children or other descendants. If you have children, your spouse will receive $200,000, with the remainder of the estate being split equally between your children. If you have no spouse, your estate will be equally divided between your children. In the absence of both spouse and children, your estate will pass to your grandchildren, parents, or other relatives in that order of priority.
It is important to note that in Saskatchewan, common-law partners are considered legal spouses with the same succession rights as married spouses. This means that your common-law partner could automatically inherit your estate if you die without a will. However, creating a will gives you more control over how your estate is distributed and can help you avoid the probate process. Additionally, a will allows you to choose an executor, designate beneficiaries, and appoint guardians for your children or pets.
Overall, while the process of creating a will in Saskatchewan is relatively simple, it is important to understand the applicable laws and your rights, especially if you are in a common-law relationship.
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Common-law separation
In Saskatchewan, a common law spousal relationship is defined as when a couple has lived together for at least two years. After this two-year period, the couple has the same rights as a legally married couple. This means that they have an entitlement to share equally in the net value of the family property acquired from the two-year mark onwards.
When it comes to common-law separation, the law provides certain protections and mechanisms to help ensure fair outcomes. While common law spouses are not married, they do have rights under Saskatchewan law relating to property division, financial support, and parenting. The Family Property Act in Saskatchewan addresses the division of property between spouses. In common-law relationships, property division can be complicated, and the Act provides a framework for dividing the value of property accumulated during the relationship.
A separation agreement is a legal document that specifies the division of assets and debts, parenting and child support, and spousal support entitlements. This agreement can often be negotiated and put into writing without going to court. However, it is not uncommon for couples to disagree on various aspects of the agreement. To ensure it is legally binding and to smoothen the process, it is recommended to work with collaborative lawyers who can offer mediation if needed.
The Family Matters program in Saskatchewan aims to assist families and minimize the impact of separation and divorce, especially on children. The program provides information and resources to deal with changing family dynamics and assists in resolving urgent and outstanding issues.
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Common-law spousal support
In Saskatchewan, spousal support is a legal process that deals with matters of family property and financial support. It is governed by both provincial and federal legislation. While spousal support is usually addressed in the event of a divorce, it can also be relevant during a separation, which occurs when a couple in a long-term spousal relationship part ways, regardless of whether they are married or in a common-law relationship.
In the case of a divorce, married spouses must apply to the court for a division of family property before they are legally divorced. On the other hand, unmarried spouses must apply within 24 months of the date of their separation. It is important to note that divorce is a federal matter and only applies to married spouses.
Saskatchewan law recognizes that both spouses contribute to the relationship through activities such as raising children, managing the household, and providing financial support. As a result, spouses are generally entitled to an equal share of the family property, including the family home, pensions, and RRSPs, regardless of whose name they are held in. This equal division is the most common outcome in Saskatchewan courts, although couples can agree to alternative arrangements.
Spousal support in Saskatchewan is typically determined using Spousal Support Advisory Guidelines, which consider factors such as the length of the spousal relationship, the roles each spouse played, and their financial situations. While couples can agree on a different amount, it is important to understand how and why deviations from the guidelines might occur. A support calculator can be used to determine an appropriate range for spousal support.
In the context of common-law relationships in Saskatchewan, spousal support can be more complex. Common-law spouses are not married but still have rights under Saskatchewan law, including the right to property division, financial support, and parenting matters. The Family Property Act in Saskatchewan provides a framework for dividing the value of property accumulated during the relationship. A common-law spouse may be entitled to spousal support, and this entitlement, as well as the amount and duration of support, will depend on the specific circumstances of the relationship.
It is important to note that the division of property and spousal support can have tax implications, and seeking legal advice can help navigate these complexities. Additionally, creating a cohabitation agreement can be useful for legally defining assets, responsibilities, and financial arrangements within a common-law relationship.
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Common-law and taxes
In Saskatchewan, common-law couples have the same legal rights and obligations as married couples. This includes matters of spousal support, child support, child custody, and estates.
When it comes to taxes, the Canada Revenue Agency (CRA) requires proof of common-law status, which includes demonstrating cohabitation for at least two years. If you have children together, you must file your taxes separately, and the CRA will link your accounts, taking into account your common-law status and reassessing child-related benefits. The partner with the lower net income must claim child expenses.
To simplify the process of becoming a common-law couple, you can enter into a cohabitation agreement, a legal contract outlining property rights, responsibilities, and financial arrangements. This agreement can also protect you and your partner in the event of a separation, ensuring a fair division of assets.
It is important to note that common-law status for tax purposes may differ from other contexts, such as immigration. For federal tax purposes, 'living common-law' refers to couples cohabiting for 12 continuous months or sharing a child by birth or adoption.
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Frequently asked questions
Two years.
You will need to prove to the Canada Revenue Agency (CRA) that you meet the requirements of common law. First, you will need to prove that you live together. Then, you will need to prove your intentions. You will need to prove that your intentions while living together are to share in each other's lives, be emotionally committed to each other, and be financially interdependent.
In Saskatchewan, married spouses and common-law partners have the same automatic succession rights for intestate estates. However, in most places in Canada, common-law spouses are not treated the same as legally married spouses when it comes to intestacy.
Common-law partners in Saskatchewan have the same legal rights and obligations as married couples when it comes to spousal support, child support, child custody, and estates.
