Gavin Howe
In Nova Scotia, a common-law marriage is defined differently depending on the context and the legislation in question. For example, according to the Canada Pension Plan, a couple qualifies as common-law partners after living together for a year, while the Parenting and Support Act defines a spouse as someone who has lived with their partner in a conjugal relationship for two years or has lived with them and had a child together. Common-law couples do not have the same rights as married couples, especially regarding property and asset division, and spousal support. However, they can register their relationship with the government of Nova Scotia to gain similar rights as married couples, including pension benefits and asset division upon separation or death.
| Characteristics | Values |
|---|---|
| Definition of "spouse" | Differs under various laws of Nova Scotia and Canada |
| Common-law marriage definition | Differs depending on the legislation and the purpose of the designation |
| Common-law relationship | Two people who are not married, live together in a 'marriage-like' relationship, share finances, refer to themselves as spouses or partners in public |
| Cohabitation agreement | A legal written agreement, similar to a prenuptial agreement, signed by the parties to protect existing and future assets from division or claim by the other spouse |
| Separation agreement | An agreement made when separating from a common-law partner |
| Spousal support | Common-law couples do not have the same rights and obligations as married couples under the law relating to property, debts, and pensions |
| Child support | All parents must support their children, even if they are not married or have never lived together |
| Division of assets | Common-law couples do not have an automatic right to share property when they separate |
| Registration of common-law relationship | Common-law partners can register their relationship with the government of Nova Scotia and will have the same rights as married people |
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What You'll Learn
Definition of 'spouse'
The definition of a "spouse" in the context of common-law marriage in Nova Scotia varies depending on the specific legislation being considered.
According to the Canada Pension Plan, a couple must have lived together for at least one year to be considered common-law partners. On the other hand, the Parenting and Support Act (PSA) defines a "spouse" as someone who has lived in a conjugal or marriage-like relationship for at least two years or has lived together and has a child together. The PSA was introduced to provide a clear definition of a "spouse" in the context of common-law relationships.
The definition of a "spouse" also varies when considering income tax purposes. The CRA defines common-law partners as any couple who are not legally married but have lived together for at least 12 months or are living together and have a child together.
It is important to note that common-law couples do not have the same rights and obligations as married couples under the law. For example, upon separation or divorce, married couples typically divide their assets equally, while there is no such automatic right for common-law couples.
To ensure they are afforded similar rights as married couples, common-law partners can register their relationship with the government of Nova Scotia. By doing so, they will be considered registered domestic partners and will have access to benefits such as pension entitlements and the share of assets upon separation or the death of a partner.
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Cohabitation agreements
In Nova Scotia, a cohabitation agreement is a legally binding contract between unmarried couples who live together. It establishes the legal rights and responsibilities of each partner, similar to the legal protections marriage provides.
A cohabitation agreement is similar to a prenuptial agreement in that it is a legal written agreement that parties sign to protect existing and future assets from division or claim by the other spouse. It should ideally set out financial arrangements and asset and debt arrangements in the event of separation.
The benefit of a cohabitation agreement is that, if the couple separates, most of the issues relating to the separation will have already been predetermined. It also protects against expensive legal fees later on. For those with children from a prior relationship, a cohabitation agreement can protect certain assets from division by a spouse, ensuring they can be left to the children instead.
To be considered a common-law relationship in Nova Scotia, a couple must live together in a marriage-like relationship for at least one to two years or have lived in a conjugal relationship and have a child together. Common-law couples do not have the same rights and obligations as married couples under the law. For example, the Matrimonial Property Act, which indicates that assets are generally divided 50/50 upon separation or divorce, does not apply to common-law couples.
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Property division
In Nova Scotia, common-law couples are not included as "spouses" under the Matrimonial Property Act, which dictates the division of property for married couples. As such, common-law couples must rely on a patchwork of legislation and legal principles for property division.
Common-law couples do not have the automatic right to share property when they separate. However, if there is real property, such as a house, that is jointly held, a common-law partner may rely on the Partition Act to bring an application to the Supreme Court. A judge can then order that the property be sold, and the proceeds of the sale be divided between the owners.
There are several factors that determine who ends up with what after a breakdown of a common-law relationship, including who contributed to the assets and maintained or improved them. Division of a home can be complicated as there is no definition of a "matrimonial home" in a common-law relationship.
To reduce the uncertainty of a relationship breakdown, common-law couples can get a cohabitation agreement, which is a legally binding contract that outlines the details of property division, among other things, in the event that the relationship ends. Registering as a domestic partnership with Vital Statistics can also give common-law couples similar rights and obligations as a married couple.
If a person in a common-law relationship in Nova Scotia dies without a valid will, their property will go to family members, not their common-law partner. However, if the couple owned property together, the surviving partner will have rights to the property. If they did not own property together, they may still have a claim against the estate if they can show that they made valuable contributions to the property during the relationship.
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Spousal support
In Nova Scotia, spousal support is governed by the Maintenance and Custody Act, which provides a framework for spousal support, child support, and child custody. Spousal support can be claimed if a couple has been in a common-law relationship for at least two years or has a child together. The amount and duration of spousal support depend on factors such as the length of the relationship, income, and child support payments.
It is important to note that common-law partners do not have the same rights and obligations as legally married spouses. One significant difference is the Matrimonial Property Act, which dictates that all assets and debts accrued during a marriage are shared equally between the married couple. This does not apply to common-law couples, who generally leave the relationship with whatever is in their name. However, common-law couples can register as domestic partners with the government, granting them similar rights to married couples, including pension benefits and the share of assets.
The Parenting and Support Act defines an unmarried spouse as one of two spouses who have lived in a conjugal, marriage-like relationship for at least two years or have a child together. This Act governs how unmarried couples split up in Nova Scotia. While Custody and Child Support are not affected by the distinction between common law and marriage, spousal support can be a complex legal issue, and consulting a lawyer is recommended to understand one's rights and obligations.
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Child support
In Nova Scotia, child support payments are calculated based on a formula that considers each parent's income and percentage of parenting time.
According to Nova Scotia law, all parents (birth, adoptive, step) must support their children, regardless of their marital status or living situation. Married couples and common-law couples who have children together generally have the same rights related to those children, including rights regarding custody, access, and child support.
However, it is important to note that unregistered common-law partnerships in Nova Scotia do not have the same rights and responsibilities as marriages in other areas. For example, upon separation, married couples must share their assets equally, but this does not apply to common-law couples unless they have a registered domestic partnership.
If you are in a common-law relationship and have children, it is advisable to seek legal advice to understand your specific rights and responsibilities regarding child support and other related matters.
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Frequently asked questions
A common-law marriage in Nova Scotia is a marriage-like relationship between two people who are not legally married to each other but live together, share finances, and refer to themselves as spouses or partners in public.
The duration required to be considered common-law spouses varies depending on the legislation. For income tax purposes, the CRA defines common-law partners as couples who have lived together for at least 12 months or have a child together. On the other hand, the Parenting and Support Act (PSA) in Nova Scotia defines a spouse as someone who has lived in a marriage-like relationship for at least two years or has a child with their partner.
Common-law spouses in Nova Scotia do not have the same rights as married couples. They do not automatically share assets and property when they separate, and the Matrimonial Property Act does not apply to them. However, they have rights to spousal support after living together for two years or having a child together, and they can register their relationship with the government to gain rights similar to those of married couples, including pension benefits and asset division.
In a common-law relationship in Nova Scotia, there is no automatic right to share property when the couple separates. Each person typically takes the property they brought into the relationship, and any jointly owned property is divided. If the couple cannot agree on property division, they may apply to the court for a court order.
In Nova Scotia, if a common-law spouse dies without a valid will, their property will go to their family members, not their common-law partner. This is because Nova Scotia's law about wills only recognizes married spouses and registered domestic partners, not common-law partners.
