Keith Mack
In Saskatchewan, common law refers to a couple who have lived together for at least two years. Common-law partners are considered spouses under Saskatchewan law and have the same legal rights and obligations as married couples in several areas, including property rights, spousal support, child support and custody, and child custody. However, there are some differences, such as the requirement for common-law spouses to file a family property claim within two years of separation. Understanding the rights, legal framework, and process involved in a common-law relationship is essential for individuals in Saskatchewan to ensure they are aware of their entitlements and obligations.
| Characteristics | Values |
|---|---|
| Time required to be considered common-law partners | 2 years |
| Rights of common-law partners | Same as married couples |
| Obligations of common-law partners | Same as married couples |
| Division of property | Equal |
| Need for Court Order or Judgment to dissolve the relationship | Not required |
| Common-law partners' eligibility to act as SDM | Eligible |
| Common-law partners' eligibility for spousal support | Eligible |
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What You'll Learn
Common-law spousal relationship definition
In Saskatchewan, a couple must live together continuously for at least two years before they can be considered a common-law couple. Saskatchewan law defines a common-law spousal relationship as when an interdependent couple has lived together for at least two years. Once the two-year point has passed, the couple has the same rights as a legally married couple.
Common-law couples are considered spouses under Saskatchewan law and are eligible for spousal support if the situation warrants it. They have the same succession rights as married spouses, meaning that if one party dies without a will, their common-law partner could automatically inherit their estate. Common-law partners can also act as substitute health care decision-makers (SDMs) for each other.
When it comes to separation, common-law couples in Saskatchewan have certain rights and responsibilities that need to be addressed. They must divide property and assets as equally as possible, and they may be entitled to spousal support. Common-law spouses must bring any claims for family property within two years of separating, whereas there is no time limit for legally married spouses.
It is important to note that the definition of a common-law spousal relationship may vary depending on the specific context and the court (federal or provincial) setting the criteria. For example, for tax purposes, the Canada Revenue Agency defines a common-law relationship as one where the couple has lived together for at least 12 continuous months, including any periods of separation of less than 90 days due to a relationship breakdown.
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Common-law partner rights
In Saskatchewan, a couple must have lived together continuously for at least two years to be considered a common-law couple. Once they reach this milestone, common-law partners gain the same legal rights and obligations as married couples.
Property Rights
According to Saskatchewan's Family Property Act, common-law partners are subject to the same rules as married couples regarding the division of property at the end of a relationship. The Act directs couples in a common-law marriage to divide property and other assets as equally as possible. A cohabitation agreement can also be made to legally define the assets and responsibilities of each partner.
Spousal Support
There is no automatic process for spousal support after a separation or divorce in Saskatchewan. However, common-law couples are eligible for spousal support if the situation warrants it, as they are considered spouses under Saskatchewan law.
Child Support and Child Custody
In cases where the common-law couple has children, there are legal issues to decide, even if they are not married or have never lived together. Parents will decide who will have decision-making authority (custody) and what the parenting schedule (access) will be. The law requires that these decisions are made in the children's best interests.
Wills and Estates
In Saskatchewan, common-law partners are considered legal spouses with the same succession rights as married spouses. This means that if one partner dies without a will, the other partner could automatically inherit their estate. However, it is important to note that when a couple gets married in any province, their will is automatically invalidated. Therefore, it is recommended to create a new will after achieving common-law status.
Substitute Decision Maker (SDM)
An important part of estate planning is choosing a substitute decision-maker (SDM) to make healthcare decisions for you if you are unable to do so. Common-law partners can act as SDMs, but it is important to choose someone who is comfortable with the responsibility and can act based on your wishes.
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Separation agreements
In Saskatchewan, a couple must live together continuously for at least two years before they can be considered a common-law couple. Common-law spouses have the same rights and responsibilities as formally married couples, including the same automatic succession rights for intestate estates.
A separation agreement is a document outlining how you and your partner will handle various matters, including the division of property, spousal support, child support, and co-parenting. It is important to understand your legal rights and obligations before proceeding with a separation. This can be done by consulting with a family law lawyer or seeking information from free sources such as the Public Legal Education Association (PLEA) or the Family Law Information Centre.
The separation agreement can often be negotiated and put into a written format without going to court. However, to ensure it is legally binding and to help resolve any disagreements, it is recommended that the couple work with lawyers who can offer mediation if needed. The agreement should address all the major issues of the separation, including property rights, spousal support, and co-parenting matters.
To prove a common-law spousal relationship, documents such as cohabitation agreements, IDs with matching addresses, bills for shared utility accounts, insurance policies, lease agreements, or property ownership paperwork may be required. These documents can be used to demonstrate that the couple has been cohabiting as spouses for the required two-year period.
In terms of property division, the Family Property Act in Saskatchewan directs couples in a common-law marriage to divide property and other assets as equally as possible. If there is a cohabitation agreement in place, the terms outlined in that agreement regarding the distribution of assets during a separation should be followed. If there is no cohabitation agreement, the net value of the family property should be divided as close to 50/50 as possible, which may involve negotiation and compromise.
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Child support and custody
In Saskatchewan, child support and child custody are determined by what is in the best interests of the child. This means that the legal status of the child's parents is irrelevant to these issues.
Child support in Saskatchewan is governed by federal guidelines. While some couples may wish to waive child support or agree to a different amount, lawyers and judges may raise concerns if the agreement doesn’t align with these guidelines. If parents cannot agree on how much child support should be paid, it will be decided by the court using the federal Child Support Guidelines. A standardized set of guidelines and tables calculates the amount of support that a paying parent should contribute towards their children upon separation or divorce.
If you have an existing court order and are looking to change the child support amount, your court order may be changed by going to court or by applying to the Child Support Service for an administrative recalculation. The Child Support Recalculation Service will contact the person outside the province to obtain consent to the Recalculation Service being used. If both parties do not consent, you must apply to the court to change the support order or agreement.
In Saskatchewan, many families agree to share decision-making responsibilities for their children. However, in certain situations—such as when there are capacity issues or a significant geographical distance—it may be important for one parent to have primary decision-making authority. Before proceeding with a court application, you must use an early dispute resolution process such as mediation, collaborative law, parent coordination, or arbitration, or use the Child Support Calculation Service. Family law dispute resolution practitioners can help couples reach sustainable agreements, avoiding the need for court intervention.
Saskatchewan's child protection laws are intended to promote the well-being of children "in need of protection". Under child protection laws, a child is any unmarried person under 18. When there are concerns surrounding the care provided to a child that could result in the child being in need of protection, services that are designed to maintain, support and preserve the family unit are offered to families. The goal of child protection services is to maintain children in their family home whenever possible and, if a child must be removed for their protection, to reunite families as soon as possible. In some cases, a mediator can be assigned to work with the parties to arrive at a solution that the family and the agency can agree upon.
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Cohabitation agreements
In Saskatchewan, a couple is generally considered to be in a common-law relationship after living together continuously for at least two years or if they have a child together and are in a "relationship of some permanence". Common-law relationships are not legally binding and do not require legal documentation. However, there are certain documents, such as cohabitation agreements, that can make the relationship more official and help manage assets.
When creating a cohabitation agreement, it is important to seek legal advice to ensure the agreement is properly executed and complies with the relevant laws. The agreement should be tailored to the unique circumstances and objectives of the couple. Each partner should have their own lawyer when drafting the contract. Additionally, creating a will is crucial for common-law couples to legally designate their inheritance wishes and avoid potential disputes.
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Frequently asked questions
In Saskatchewan, common law refers to an interdependent couple who have lived together for at least 2 years.
Common-law couples have the same legal rights and obligations as married couples in Saskatchewan. This includes rights related to property division, financial support, and parenting.
Common-law couples in Saskatchewan can separate without any legal processes, but it is recommended to create a separation agreement that outlines the division of assets and debts, parenting and child support, and spousal support.
A cohabitation agreement is a legal contract that outlines a common-law couple's property rights, responsibilities, and financial arrangements within their relationship.
Spousal support for common-law couples in Saskatchewan is determined based on factors such as career sacrifices made by one partner, income disparity, and the best interests of any children involved.
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