Being a common law partner in Ontario, you might think that your relationship mirrors that of a married couple. However, the legal realities have a different story to tell. Here is what you need to know – even though love may bind you, the law operates differently for conjugal partners.
Through this blog, we will break down the crucial distinctions between married and common law status. Knowledge is power, so we'll unravel the essential rights, equipping you to make informed decisions. So, are you ready to get started? Well, here we go.
A common law partner is a person with whom you share a domestic and committed relationship but without being married legally. Even though these partners share responsibilities like parenting and finances, their legal rights are not equivalent to those of married couples. For instance, conjugal partners do not automatically have rights to spousal support, property division, or inheritance unless specific legal agreements, such as cohabitation agreements, are established.
If you are wondering about common law relationships in Ontario, it’s normal to not know about this concept. We usually get to hear this question a lot. Talking about Ontario, couples who decide to build a life together without involving in a formal ceremony, may be recognized as common-law partners, provided they meet certain criteria.
If you wish to be considered common law partners in Ontario, you and your partner must be living in a conjugal relationship for at least three years. This three-year concept is to ensure that your relationship has a certain level of stability.
A conjugal relationship in Canada is a marriage-like relationship but without the formal legal status. It pertains to individuals who maintain a marriage-like relationship but fail to qualify as either legally married spouses or common law partners. This applies when there are some circumstances that the couples can’t control and prevent them from fulfilling the cohabitation requirements necessary for common law recognition.
Married Spouses
All married couples are governed by the Divorce Act and the Family Law Act. This provides a clear legal framework for different aspects of the relationship. Marriage is a formal recognition and grants all married couples specific legal rights and responsibilities, including the right to make medical decisions for one another and inheritance rights without a will.
Common Law Partners
The second category is common law partners –couples who live together in a conjugal relationship without the formalities of marriage. This relationship is typically recognized after cohabiting for at least three years or if the couple has a child together and maintains a stable relationship for at least one year. Even though the Family Law Act applies to common law partners just like married couples, rights and obligations differ significantly.
Married Couples
Dividing property among a couple who were once married and now decided to part ways is simple. If there is an increase in the value of what you both own together during your marriage will be divided 50/50. To be precise, you add up everything you own, minus what you owned back when you got married, and then split the difference. If one partner ends up getting more, he/she has to pay the other to even it out.
Common Law Couples
The property division is not a piece of cake for common law couples. They do not get an automatic right to split property. Being a common law, if you wish to want a share of anything, you first have to prove that you have made a contribution and also that you deserve it. Basically, you have to convince a judge that you should get a share based on fairness, not because you're automatically entitled to it.
Custody Arrangements
For both married couples and common law partners, custody and parenting rights are governed by the Children’s Law Reform Act and the Family Law Act. The main focus is on taking into consideration the interests of the child. This is to ensure that parenting responsibilities are assigned in a manner that supports the child's well-being.
Child Support Obligations
Child support obligations and the amounts each party must contribute are determined using the Child Support Advisory Guidelines, which apply equally to both married and common law partners. Both types of partners are required to contribute to the financial support of their children, ensuring that the child's needs are met regardless of the parent's marital status.
Marriage Contracts (Prenuptial Agreements)
Marriage contracts are agreements made by couples before they get married. They help protect each person's assets and explain how property will be divided if the couple separates or gets divorced. These contracts need to address the automatic rights that married couples have under family law. It's important for both partners to fully disclose their finances, and the agreement should be signed well before the wedding to prevent any claims of pressure or coercion.
Cohabitation Agreements
Cohabitation agreements are for couples who live together but are not married. These agreements help protect their assets and clarify financial matters if the relationship ends. They focus on preventing unfair advantages and ensuring fairness since common law partners don’t have the same automatic rights as married couples. While it’s still important to share financial information, getting independent legal advice isn’t required to make a cohabitation agreement legally binding.
If you happen to be in a common law relationship or if you are considering entering one, it is crucial for you to know about the legal rights and responsibilities.
If one partner passes away without a will, then the property is divided according to intestacy laws, which vary by province and territory. Common law partners usually do not automatically inherit their partner's assets if there is no will. However, if a will is present, the surviving partner can receive property as stated in that will.
Common law partners have the right to make healthcare decisions for each other if one partner becomes incapacitated. This right, however, is not automatic and typically requires a legal document, such as a Power of Attorney for Personal Care, to be established. This provision can provide peace of mind, knowing that your partner can make decisions aligned with your values and wishes.
Common law partners enjoy the same rights as married couples concerning pensions and social benefits, including the Canada Pension Plan (CPP) and Old Age Security (OAS). This recognition underscores the legitimacy of common-law relationships in Canadian society. Additionally, common-law partners are entitled to insurance benefits if named as beneficiaries in their partner's policy, covering life, health, and auto insurance.
To solidify your common-law relationship legally, it is essential to maintain documentation that reflects your shared life and commitment. This can include rental agreements, utility bills, and joint bank accounts. Such documents not only demonstrate cohabitation but also indicate shared financial responsibilities and mutual trust.
Understanding your rights as a common law partner in Ontario is crucial for protecting your interests and ensuring a fair outcome, should your relationship end. While love and commitment form the foundation of your partnership, legal clarity provides the framework for security and peace of mind. Remember, the distinctions between marriage and common law extend beyond mere labels, impacting everything from property division to inheritance.
Don't leave your future to chance. If you're seeking guidance on cohabitation agreements, property rights, or any aspect of common law partnership in Ontario, it's essential to seek professional legal advice.
Ready to secure your future?
At Rutman & Rutman Professional Corporation, we understand the complexities of family law and are dedicated to providing clear, compassionate, and effective legal counsel. Contact us today for a consultation and let us help you navigate the legal landscape with confidence. Your peace of mind is our priority.
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