Cecily Zamora
Common-law relationships are recognised in Canada, but the criteria for what constitutes a common-law relationship varies across different provinces. In Ontario, for example, a couple is considered to be in a common-law relationship after living together for at least three years or if they have lived together for at least one year and have a child together. In British Columbia, a couple must have lived together in a marriage-like manner for at least two years, or lived together for less than two years but have a child together. In Alberta, a common-law relationship is called an Adult Interdependent Relationship. While there is no registration process for common-law partnerships in Canada, couples can register a dissolution of a common-law relationship, which requires identification of the person(s) registering the dissolution and proof of any name changes. To prove a common-law relationship, couples must provide evidence of cohabitation, such as joint leases, joint bank accounts, and utility bills.
| Characteristics | Values |
|---|---|
| Registration | Registration is voluntary and not required for common-law couples. |
| Evidence of cohabitation | Proof of cohabitation for at least 12 months (or 3 years in Ontario) is required. This can include joint leases, utility bills, bank statements, etc. |
| Evidence of relationship | Other evidence of a genuine relationship may be required, such as identification documents, insurance policies, etc. |
| Fees | A fee is required for registering or dissolving a common-law relationship. |
| Dissolution | To dissolve a common-law relationship, parties must live apart for at least one year and register the dissolution. |
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What You'll Learn
Common-law registration requirements in Manitoba
Registration of a common-law relationship in Manitoba is voluntary. Couples can choose to register their common-law relationship with the Manitoba Vital Statistics Agency or the Vital Statistics Branch. To be considered a common-law couple in Manitoba, you must either register with Vital Statistics or live together for a minimum amount of time. The minimum time requirement for common-law relationships is typically three years, but there are some exceptions. For instance, if a couple has a child together, the minimum time requirement is one year.
To register a common-law relationship, both parties must be 18 years of age or older, be residents of Manitoba, and live 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, additional documents are required, such as a photocopy of a Certificate of Divorce or proof of death of a former spouse. A common-law relationship certificate may be issued upon payment of the prescribed fee.
To dissolve a registered common-law relationship, the couple must register a dissolution with Vital Statistics after living apart for at least one year. The parties can file jointly, or one party can file and serve the other with the declaration personally or through their lawyer. If only one party applies for dissolution, the other must be served with a copy of the completed registration. An Affidavit of Service must be completed and submitted with the registration form. Payment must accompany the registration and can be made by cheque, money order, credit card, or cash/bank debit card if delivered in person. Cheques are payable to "Minister of Finance".
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Common-law relationship recognition in Ontario
In Ontario, Canada, common-law relationships are legally recognised. Common-law relationships are valid and recognised under the law, despite many people assuming that marriage is the only legally recognised union.
To be considered a common-law partnership, a couple must not be legally married and must be 18 years old or older, and living together for at least 12 consecutive months. This applies to couples of the same or different genders. In Ontario, a couple is considered to be living in a common-law relationship if they have cohabitated for at least three years, have a child together, and are in a relationship of some permanence, regardless of the cohabitation duration.
There are some key differences between marriage and common-law relationships in Ontario. In a marriage, a legal document recognised by the government of Canada is present, whereas in a common-law relationship, there is no such legal proof of a genuine relationship, and other forms of evidence are required, such as proof of cohabitation or the duration of the relationship. Common-law partners are also individually responsible for their debts and assets, with fewer protections in place to support the less financially stable partner.
To prove a common-law relationship, couples can file a "Declaration of Domestic Partnership" at a designated Service Ontario office to become legally recognised as domestic partners without getting married. Alternatively, couples can submit a common-law partner sponsorship application online, which requires two applications to be filled out by each partner, along with PDF forms and evidence of the relationship.
It is important to understand the rights and responsibilities of common-law relationships, especially regarding property and assets. Common-law partners are entitled to share property rights and benefits, such as pensions and insurance, and are eligible for immigration sponsorship, tax benefits, and parental rights and obligations. However, in the event of a separation, property is typically owned and distributed to the individual who holds the legal title. Couples can protect their assets by drafting a cohabitation agreement with the help of a lawyer.
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Common-law status in British Columbia
In British Columbia (BC), couples in a common-law relationship automatically take on the financial obligations associated with marriage after living together in a marriage-like relationship for two years. This is outlined in BC's Family Law Act of 2013. Under this Act, everything accumulated since the day the couple first began living together is equally divided upon separation, including contributions to retirement savings plans, property, appreciation on property, and debt.
The federal government, however, defines the length of time to become "common-law" differently. According to federal law, a couple is considered common-law after one year of living together in a "conjugal relationship" for purposes such as taxes, immigration, and Old Age Security pension.
It is important to note that common-law relationships are not registered in BC. However, couples can opt out of the default financial obligations under provincial law by signing a written agreement, witnessed by a third party, outlining how they will divide their assets and debts in the event of a break-up. This agreement can be made at any time during the cohabitation, even after the two-year mark.
When it comes to proving a common-law relationship in BC, this may be necessary for partner sponsorship applications. To prove a common-law relationship, couples must provide evidence of their cohabitation and the duration of their relationship. This could include proof that they have lived together for at least 12 consecutive months.
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Proving a common-law relationship
Understanding Common-Law Relationships
Common-law relationships are informal marriages without a marriage license or certificate. Couples in such arrangements have the same legal rights and obligations as married couples. However, because there is no legal proof of the relationship, other forms of evidence are necessary.
Documentation and Evidence
To prove a common-law relationship, various documents and evidence can be provided:
- Shared ownership of residential property, joint leases, or rental agreements.
- Bills for shared utility accounts, such as gas, electricity, telephone, or joint credit card accounts.
- Important documents showing the same address, including driver's licenses, insurance policies, or identification documents.
- Bank statements and checks showing joint ownership of accounts.
- Loan documents, leases, mortgages, or promissory notes indicating joint financial obligations.
- Affidavits or testimony from both partners declaring their intention to be married and explaining the nature of their relationship.
- Affidavits from friends and family acknowledging the relationship and their knowledge of living arrangements.
- Evidence of financial support, shared expenses, and consistent contact through messages, calls, and pictures.
Cohabitation and Duration
Common-law relationships typically require proof of cohabitation and the duration of the relationship. This can include providing evidence of living together for a specified period, often at least 12 months. Some jurisdictions may allow for periods of living apart due to work or educational requirements, as long as there is evidence of continued contact and the intention to live together again.
Demonstrating Commitment
Officers evaluating common-law relationships look for evidence of a genuine and lasting commitment. This can include sharing essential life documents, such as employment or insurance benefits, that recognize each other as common-law partners. Testimonials from friends and family can also reinforce the notion of a sincere and committed relationship.
Sponsorship and Immigration
When seeking Canadian sponsorship or immigration, it is crucial to demonstrate that the common-law relationship is authentic and not primarily for immigration purposes. Providing solid proof of the relationship builds trust with immigration officials and increases the chances of a successful sponsorship application.
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Common-law rights and responsibilities
Common-law relationships are legally recognised in Canada, and couples may seek to register their common-law status. To be considered a common-law partnership, both individuals must be 18 years or older, unmarried, and have cohabited for at least 12 consecutive months. In Ontario, the threshold for recognition is higher, with couples needing to have lived together for at least three years or have a child together.
Registration is not mandatory, but it is recommended as it grants couples certain rights and responsibilities akin to those of a legally married couple. For instance, property laws will apply to common-law couples in the same way they apply to married couples. To register, couples must submit the necessary forms and provide evidence of their relationship.
Dissolving a common-law relationship requires registering a dissolution and paying a fee. This can only be done once the couple has lived apart for at least one year. Either former partner has up to 60 days after the dissolution is registered to apply for an accounting and equalisation of assets.
In other jurisdictions, common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law is practised in countries such as Australia, Canada, the United Kingdom, and the United States. Common law courts have the power to provide significant protection of human rights principles, including the rule of law.
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Frequently asked questions
Common law is a relationship between two people who are not married but are cohabiting. In Canada, common law is recognised in certain situations, such as when a couple has lived together for a certain period (usually at least one year, but this varies by province) or has a child together.
There is no registration process for common-law partnerships in Canada. However, if you want to claim common law in an immigration application, you will need to provide proof that you have cohabited for at least one year. This can include joint leases, joint bank accounts, joint utility bills, shared ownership of property, and important documents showing the same address.
To dissolve a common-law partnership, you must register the dissolution. This can only be done once the couple has lived apart for at least one year. Identification of the person(s) registering the dissolution is required, and if only one party applies, the other must be served with a copy of the completed registration.
