For common law in Ontario, couples who want to be recognized for this union need to meet certain criteria. Unlike married couples, common law couples do not go through marriage. There can be many reasons why couples do this, such as not being ready for the commitment or being more comfortable as domestic partners.
In modern times, more and more couples start by being domestic partners. This means living together with their partners before eventually deciding to get married. Some even have kids before marriage and are still seen as legal partners in the government.
That’s because having kids is one criterion couples should meet to be called domestic partners. However, it doesn't just stop there; the family court will also have to look at other factors, such as the living situation of the couples and the type of relationship they have.
The Validity of Common Law Relationships in Ontario
You don’t have to worry since being domestic partners in Ontario is pretty common. It will depend on the couple if they want to be considered a domestic couple on government papers or if they plan on separating shortly.
The reason why domestic couples who do not want to get married still want to be legally labelled as domestic partners is partly because of government benefits and child-related circumstances.
It means that the couple wants to have rights as a domestic couple in terms of taxes and spousal support. When it comes to child support and child custody, the parents must be recognized as the legal parents of the child before the family court decides who takes custody and who gives support.
Differences Between Common Law and Marriage
Marriage and common law have similarities and differences. Couples need to weigh these differences, especially when they are deciding whether they want to stay as domestic partners or go ahead and get married to acquire marriage documents.
Similarities between marriage and common law relationships can be seen in child support and child custody cases. The rights of parents in both relationships are the same. In a way that they can equally claim custody of their children, and they can also file for child support.
The differences are evident when it comes to separation. For married couples, they need to go through divorce. This is a lengthy and sometimes complex process where each party needs to dissolve their marriage in court and decide how to equally divide their properties.
Domestic partners no longer need to go through lengthy court proceedings. Since they’ve never gotten married, all they need is a separation agreement. They can state the terms and conditions they want on the agreement once the other party gives consent. A family court must approve the agreement.
The Deeper Meaning of Common Law Relationships
In deciding who is in a domestic relationship, the family court takes great care. It’s because there need to be specific circumstances for couples to be seen as domestic partners.
Being in a domestic relationship means that you and your partner should have been living together in a conjugal relationship for at least three years. This means that you should be in the same household as your partner and act as a romantic couple.
When you have children from the relationship or even adopted kids during your relationship, you need to live together for at least one year. Technically, you are acting as the mother and father of your kids, but you are not legally married.
Being In a Conjugal Relationship
Couples that have a conjugal relationship mean that they have a romantic and intimate relationship that has some kind of permanence. The family court sees this as great proof that the couple is together and has established interconnected lives with each other.
Examples would include couples supporting each other financially, emotionally, and physically throughout the relationship. The couple's family and friends should also recognize the relationship between the couple as a romantic one.
This helps eliminate people who have lived together with their friends as housemates or roommates. These do not qualify as domestic partnerships since the connection between the two people has no romantic bearing at all.
How Do You Become a Common Law Partner?
If you feel like you have enough proof or have lived enough years with your partner to be labelled as a domestic partner, it’s time to file your document. This is called the Declaration of Domestic Partnership and you can file it at your designated Service Ontario office.
What this declaration does is help you become recognized legally as a domestic couple. That means you are seen as romantic partners and parents to your children legally without being married.
This status is important, especially when you are filing for taxes, need spousal support, or are submitting your children’s papers and information to the school. There are plenty of benefits for domestic partners, especially for those who don’t necessarily want to tie the knot.
Separate Legal Status
As domestic partners, you can still maintain your separate legal statuses. You have more autonomy and have rights to your properties and assets even after leaving the relationship. People in domestic relationships can freely manage their personal decisions and finances.
One thing to note is that since you are still a separate individual despite having a partner, your financial burdens are yours alone as well. When you have debts and issues with assets, you will have to deal with them as an individual.
Rights and Protection
Domestic partners don’t need to worry about what kind of rights or protection they have as a couple. They share a lot of similarities with married partners. If your partner agrees to it, you can share the property rights and assets as well as the benefits.
You can still get benefits from insurance and pensions, as well as spousal support. This will require you to get help from a family lawyer since spousal support isn't automatically imposed on domestic partners; you will need to draft a document for it.
The best way to know your specific rights is to hire a family lawyer in your local area. When you are in the process of separation or claiming for spousal or child support, try to enter into a consultation with your lawyer. These are legal representatives who know more about common law in Ontario and can give you the advice you need.
