Common Law and marriage are two legally approved spousal relationships in Canada. While both require formal registration, they vary in many respects. Especially how responsibilities, liabilities, and properties are distributed. If a situation arises requiring legal mediation, the type of your relationship will define whether you will get it or not.
Couples who are serious about their relationships and seeking long-term continuation often want to know their options. In Canada, a Common Law relation and marriage are choices that are made based on the current living situation, financial condition, and personal belief.
If you are someone considering whether a conventional binding or the Common Law will be the best fit for you, this article will be helpful. You will get an overview of:
- What marriage and the Common Law mean
- How the law treats these relationships
- How marriage differs from the Common Law
- Things to consider before choosing one
What is Considered a Marriage?
Marriage is the undisputed way to tie the knot. Accepted without raising the faintest question, a marriage not only makes the relationship legally and socially valid. Also, it’s a reflection of the confidence, commitment, and seriousness of the spouses.
Getting into a marriage requires you to do nothing but get a license, be proclaimed as a spouse by an officiant, and register via the provincial court. There, you declare your consent to the terms and conditions provided by the government in receiving benefits and performing duties during the marriage.
What is Considered a Common Law?
The Common Law recognizes relationships between couples who are living together for a considerable period. This is a fairly new arrangement compared to marriage, which is rising in popularity, leading the Government make a distinguishable policy.
According to the Common Law, a couple may receive benefits from the Family Law Act without registering their relationship. The benefits may vary in conditions and obligations in different provinces.
To be recognized, Common Law patterns need to
- Cohabit for at least two to three years, with breaks no more than 90 days at a stretch, or
- Have a child together
- Have a child whose custody is shared or is dependent on them
The law across provinces has varied standpoints in dealing with the Common Law. So, before getting into one, it’s crucial to know what is at stake and what to gain.
Common Law Marriage vs Marriage: Key Differences
The choice is one of the toughest. Think of how it will impact your and your child’s life. A deep understanding of key differences will help you take measured steps, saving you from future hassles.
You also need to probe into the marriage vs common law pros and cons to figure out what to consider when choosing one:
Recognition
The biggest difference between the models lies in their recognition feat. For marriage, it’s instant. The moment partners sign their marriage contract, they become recognized for govt. benefits, like GST/HST credits, and can seek legal mediation for property and financial settlements.
With the Common Law, things are slightly different. In some provinces, they have no legal grounds, no additional benefits, or a separate tax filing process. Moreover, the general attitude defines such patterns as nothing more than two individuals sharing a living place.
Some provinces don’t make a noticeable distinction in treating marriage and the Common Law. Once the relationships are proven, partners receive equal benefits, care, and rights. However, the extent or measure of such benefits is not the same in all provinces.
Ownership and Share
A marriage is automatic in rewarding spousal rights. Properties, financial instruments, like bank balances, investments, and debts, all become subject to mutual claims. In the hierarchy, a marriage contract overrules vague wills in allotting ownership.
The Common Law, in this term, comes with a weaker provision. To pass a property, the owner partner must denote it in a will. Otherwise, the other partner won’t be able to establish their claim. Only joint accounts fall under Community Property, shareable in equal measure.
Break Up or Dissolution
To end a relationship, married partners have strict obligations to follow. They must live separately for a minimum of one year. The court takes it as a clear sign of permanent unwillingness and incapacity to work out the marriage. Only then may a divorce petition follow.
When ending the Common Law, no such boundary is set. A partner can simply decide to get out with or without the consent of the other. This is one of the aspects that make such a relationship a difficult choice, especially for partners with children.
Spousal Support
The law deals with dissolutions and post-separation settlements with firm hands in the case of a marriage contract. Spousal support is given to the financially weaker partner on terms that they are unable to live on, maintain their lifestyle, or raise the children on their own.
While the Common Law partners get similar terms. They are not constant in all provinces. The focus also slips. What is a responsibility in divorce, in a common-law breakup, becomes a question of necessity. If no partner needs it, the court won’t allow it.
Key Considerations While Navigating Conjugal Relationships in Canada
Once you are aware of the distinctions, the Common Law marriage vs traditional marriage becomes a puzzle to solve. And clues here are your ambition of living, and the scope in each model for meeting it.
Here are a few tips to help you grip the loose end of the rope:
- Marriage recognizes a relationship under any circumstances. The law is obliged to provide you with all the benefits described in the Family and Marriage Acts. The social atmosphere is also more nurturing to married couples.
- The Common Law has emerged to meet partners with freedom in their financially budding phases. They get more room for their careers, time to settle in, and figure out life before becoming seriously committed to it.
- Marriage is more stable, giving no easy way out, sealing all chances to avoid responsibilities. Whereas the Common Law is feeble, allowing partners to end it without any obligation to answer to anyone.
- In marriage, the right to assets and finances is equal, fair, and automatic. You get your share once the marriage breaks up or the partner passes away. The Common Law doesn’t transfer or form any kind of ownership, so the concussion of a separation may leave you with only the properties you own.
- When filing a married vs common-law Tax, Canada doesn’t burden partners with unique responsibilities based on the type of their relationship. But formalities regarding finances, immigration, and law feel suspicious to the Common Law partners, requiring strong proof.
How MooseJaw Lawyer Helps Couples Through Their Journey?
Addressing the nuances of the Common Law vs Marriage, Saskatchewan provincial courts follow the federal legislature. And at MooseJaw Lawyer, our legal associates specialize in family and marriage laws, guiding and representing clients to the best outcome.
We offer:
- Professional consultancy, clarifying doubts, answering critical and contextual questions, and suggesting the next move
- Help in acquiring all licenses, documents, paperwork, and proof to authenticate a relationship
- Legal representation, in case of direct hearings, reflecting your rights, stand, and aim
Wrapping Up
The Common Law and marriage are two lawful ways to form a cohabitation partnership. In the face of conventional systems like marriage, the Common Law has come as an additional choice. One is serious, yet provides quick and strong recognition. The other, on the contrary, promotes freedom as an alternative living style, while falling short in terms of coverage and concerns over shared responsibilities. A smart choice is the one that meets the needs of the time and is made considering the concussions of a failure. And consulting a lawyer is the wisest move to land on that choice.
FAQs
Is Common Law the Same as Marriage in Canada?
No. From initiation, recognition, responsibilities, to consequences, in each term, both models are distinguishable with a unique approach. However, many provinces treat them equally, given that they are valid.
What Evidence Proves a Common Law Marriage?
Joint accounts, properties bought under both names, mortgages and debts carried out together, confirmation from the landlord, and having a child, these play as the strongest proof to certify a Common Law marriage.
