In Canada, both married and common law couples can have similar commitments, but they face different legal rights and obligations, especially when the relationship ends. Understanding the legal differences between marriage and common law partnerships is crucial when it comes to property division, spousal support, and parental rights. Whether you are married or in a common law relationship, knowing your legal standing can help you make informed decisions.
At Kavita V. Bhagat Family Law Solutions, our team of experienced family lawyers is here to guide you through the complexities of these legal distinctions, ensuring your rights are protected.
Key Differences Between Married and Common Law Relationships
Property Division
- Married Couples: When a married couple divorces, the law generally requires an equal division of property acquired during the marriage. This includes the matrimonial home, which is treated as joint property, even if it was owned by one spouse before the marriage.
- Common Law Couples: In most provinces, including Ontario, common law couples do not have automatic property rights upon separation. Instead, each partner keeps the property they brought into the relationship or acquired individually during the partnership. Common law partners may need to make a legal claim for a share of the other partner’s property, such as through unjust enrichment, if they contributed financially or otherwise to the asset.
Spousal Support
- Married Couples: Spousal support is a common consideration in divorce proceedings for married couples, especially when one spouse is financially dependent on the other or has sacrificed career opportunities for the family.
- Common Law Couples: Common law partners may also be entitled to spousal support, but eligibility typically requires them to have lived together for at least three years, or for a shorter period if they have a child together and the relationship is deemed “of some permanence.” The same spousal support principles apply to common law couples, but the qualification threshold is different.
Parental Rights and Child Support
- Married and Common Law Couples: Both married and common law couples have the same legal obligations regarding child custody, parenting time, and child support. The best interests of the child are the primary concern, and both parents are legally required to support their children financially, regardless of their marital status.
Cohabitation Agreements vs. Marriage Contracts
- Married Couples: A marriage contract (or prenuptial agreement) allows married couples to define certain financial arrangements during their marriage and in the event of divorce, such as property division and spousal support.
- Common Law Couples: Common law couples often use cohabitation agreements to outline their rights and obligations during the relationship and in the event of a separation. These agreements can address property ownership, spousal support, and other financial issues, providing greater clarity and protection for both partners.
Legal Formalities
- Married Couples: Marriage in Canada involves a formal legal process, including obtaining a marriage license and undergoing a legally recognized ceremony. Upon divorce, married couples must follow legal procedures to dissolve the marriage, including filing for divorce and resolving issues like property division, spousal support, and parenting arrangements.
- Common Law Couples: Common law couples do not require a formal ceremony or legal registration to establish their relationship. However, proving a common law relationship for legal purposes—such as spousal support or pension benefits—may require evidence such as joint bank accounts, shared bills, or a cohabitation agreement.
Why Understanding the Difference Matters
Understanding the differences between a common law or married relationship is crucial, as it affects your legal rights and obligations in several areas, particularly when the relationship ends. Common law partners often face more legal challenges in property division and spousal support claims, while married couples have clearer, more defined legal frameworks. Understanding these distinctions can help you plan ahead, protect your financial interests, and ensure that your legal rights are safeguarded.
Why Choose Our Family Lawyers?
Our team of family lawyers at Kavita V. Bhagat Family Law Solutions has extensive experience in handling both married and common law relationship issues. We provide personalized advice and representation to help you understand your legal position and protect your interests, whether you are planning for the future or navigating the end of a relationship.
We help common law couples understand their property rights and work towards a fair and equitable division of assets. Whether you are seeking or contesting spousal support, we provide clear guidance on your rights and obligations, ensuring that your financial interests are represented. Count on our lawyers to prioritize the best interests of your children, helping you secure fair and supportive parenting and child support arrangements.
We also assist with drafting, reviewing, and enforcing cohabitation agreements for common law couples to ensure your financial future is protected.
Contact Us for Expert Legal Advice
Whether you are in a married or common law relationship, understanding your legal rights and obligations is essential. Contact Kavita V. Bhagat Family Law Solutions today to schedule a consultation with one of our experienced family lawyers.