There are a few differences between common-law partnerships and regular formalized types of marriage. However, both partners would have equal rights to properties acquired after the common-law relationship is formed. Having children together would also entitle both partners to have equal parenting rights.
Understanding Common Law
Two interdependent adults acting as a common domestic and financial unit is referred to as common law. Common-law partners live together in a marriage-like relationship, often raise children together, and share their assets. The basic difference is not declaring vows before an official to have a marriage license.
Legally speaking, common-law partners have the same rights as legally married couples. Either of the partners could file a petition for spousal support. If there are children involved, they would be entitled to child support same as the children of married couples.
How to Become Common-law Partners in Saskatchewan?
The legal requirements for becoming common-law partners vary across provinces. In Saskatchewan, you need to be living together for at least 2 years before you can be declared common-law partners.
Can You be Kicked Out from the House by Your Partner?
You are not legally required to leave the common-law residence until the separation agreement has been drafted, finalized, and approved by a court. In some cases, it is, in fact, advisable to remain at the common-law residence until matters regarding the agreement are sorted.
Leaving the residence would imply abdication in some cases, which makes it difficult to get back into it. Also, your partner might pressure you to leave the house or stay away from the children. It can also be an element to use against them. In the long run, it’ll be significantly beneficial for you.
Is a Separation Agreement Mandatory to Terminate a Common-Law Partnership?
A separation agreement is essential to terminate or dissolve a common-law relationship. Simply moving out is not sufficient.
The partnership can be dissolved at the vital statistics agency. Living apart for at least three years would also dissolve the partnership, but it would leave matters such as debt and property division, child custody, spousal support, child support yet to be determined. Having a separation agreement would provide a definite resolution on these matters.
Going to court is not necessary to negotiate a separation agreement. However, the court still needs to approve your agreement to protect the best interests of both parties and any children involved. A separation lawyer can help draft your agreement and make sure it holds up in court. They can also make sure all debts and properties involved are appropriately accounted for, and no unfair advantage goes to your ex. In case of child visitation and child support matters, they can help you with convenient deals too.
Get in Touch with Us
We sincerely hope you don’t have to go through the struggles of a separation. If, unfortunately, you end up suffering this, we’re always here to help. Simply contact us and schedule an initial consultation to sort out the plan. Moose Jaw lawyers are ready to legally represent you and get you justice, with calmness and satisfaction.
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