The type of common law marriage in Canada and Ontario depends on the type of common law relationship that a couple has and the number of years that they’ve been together. The relationship you need to have with the other person must be romantic, yet you are not legally married to be considered common law.
Couples in a common law relationship must live together for a minimum of three years in Ontario. Common-law relationships can arise when two people are in a committed relationship for a long time or have a child together.
Common-law partners may also submit a “Declaration of Domestic Partnership” in certain circumstances. This will enable them to obtain legal recognition as domestic partners. For a couple to apply for a domestic partnership, marriage is not required.
When to Declare for a Domestic Partnership
It might be appropriate to register a domestic partnership in your community if you have been with your spouse for three years or more and you have children together. After you have a declaration of partnership, you can lawfully be in a domestic partnership without getting married.
At a Service Ontario office close to you, you can accomplish this. Living together, splitting expenses, having similar friend groups, and sharing an intimate, close, emotional bond are common features of common law partnerships. These characteristics set couples apart from long-term roommates. You will have to prove to authorities that you and your partner are in a romantic relationship when entering into a common-law relationship.
In a common-law relationship, you cannot legally refer to your partner as your husband because doing so implies that you and your partner are married. The difference is that spouses have an equal economic relationship after marriage. The equalization of property does not apply to unmarried couples.
Why You’d Want to Be in a Common Law Relationship
Being in a common-law relationship has advantages. Concerns over legality, property maintenance, and ownership retention may plague some couples. Couples in common-law partnerships enjoy autonomy. One can never go wrong with common-law unions when it comes to benefits.
Personal Responsibility
Common-law relationships mean that you have the responsibility to look after your debts and assets. This will work for couples who want to stay out of their partner’s financial issues and focus on their own. The good thing about this is that it protects partners that have less financial stability.
One thing to note is that there will be limits when it comes to claiming assets that the couple has created together. Usually, this issue comes up when the couple separates and wants to collect their joint assets.
Laws and Protections Granted
It’s safe to say that common-law relationships can still be granted, similar to laws granted to married couples. You can share property rights as well as benefits with your partner, just like in marriage. These would include getting insurance, pensions, and spousal support once the couple separates.
You can also check the Family Law Act in Ontario if you’re curious about the spousal support granted to common-law relationships. There are also other benefits, such as parental rights and obligations, immigration sponsorship, and benefits from tax.
No Need for Legal Requirements of Marriage
Another benefit of common-law relationships is that you are not bound by legal factors that are commonly needed in marriage. All you have to do is live with your partner for a certain number of years or have a child that you are taking care of together.
Some couples choose to be in common-law relationships instead because it is less complicated than marriage. It is also easier to be legally and financially detached from the relationship once the couple decides to go their separate ways.
Eligibility for Spousal Support
Once you and your partner have divided your assets, you may be eligible to file for spousal support in common-law couples. When you have a cohabitation agreement or are going through a separation, you will need to discuss this with your spouse.
You will have to ensure that your cohabitation or separation agreements are not wills. There should be nothing mentioning how the assets are divided if a partner passes. Spousal support aims to give you and your partner a clear idea of what you can claim or not.
Is It Easier to Divide Assets and Properties?
An important thing to remember is that any property or asset you have before entering the relationship will still be yours under common-law relationships. You are not obligated to give up your properties or to divide their share or value with your partner.
When you and your partner have acquired properties and assets while being together, there is no legal obligation to split them as well. The properties of common-law partners will only be split if the assets are owned jointly by both parties.
You only have to remember that anything that you contribute to your partner’s property and assets will be rightfully held by your partner. That means that you will have no right to your contribution since the property isn’t in your name.
Property Rights Simplified
The property rights of partners in common-law relationships are still legally under their names. Unlike marriage, you won’t have to split any of your property rights, and you can hold on to them until the relationship ends.
If you are aiming to claim your contribution to your partner’s property, you will have to go through constructive trust. This will allow the common-law partners to share the value of the asset or property; this will depend on whether the partner is proven to have benefited unfairly from the contribution.
That’s why partners must have an understanding of how to manage their properties and assets well. The freedom that common-law relationships give you will offer you plenty of advantages in the future.
If the other partner gains unfair benefits, the contributions can include monetary or physical labor. For a more balanced verdict, the courts will decide how to award property and assets. You can always inquire from officials under common law marriage in Canada and Ontario for more questions.
