Going through the process of ending a common-law relationship can be complicated at times. Similar to the divorce of married couples, ending a common-law relationship has a legal process. Therefore, you must be prepared emotionally and legally before you end a relationship.
You must have a clear idea of the process to secure your rights and be in a favorable position. If you are in a common-law relationship and looking for a way to end it, this article is for you. Here, we will provide a step-by-step detailed guideline on how to end common-law relationship in Canada.
What is a Common-law Relationship?
Common-law relationship, also known as common-law partnership, has a specific and detailed definition in Canada. According to Canadian Law, a common law relationship is when you live with someone in a conjugal relationship without getting legally married. To be considered a common law relationship, at least one of the following conditions has to be completed.
- The couple has lived in a conjugal relationship for 12 or more months.
- This person is the biological parent of your child or adopted him.
- This person has custody and control of your child or had it immediately before the child turned 19.
- If your child is fully dependent on the person for support.
How to End Common-law Relationship in Canada: Major 7 Steps
As mentioned earlier, ending a common-law relationship can be as complex as a married couple’s divorce. To reduce legal complications and ensure your rights, follow these 7 steps to end your common-law relationship.
Honest Communication
Whether you stay in a relationship or end it, honest communication is the key to smooth the process. This is applicable in both common-law and married relationships. Both spouses should have a clear discussion about their intentions, expectations, and concerns regarding the relationship. It will ensure transparency and build a mutual understanding.
Discuss the major topics, such as property division, living arrangements, spousal support, child custody, and other issues before the legal process starts. It will reduce your legal complications and ensure a smooth transition of the process.
Create a Separation Agreement
The separation agreement is a legally binding document that explains the terms of the separation, division of assets, debts, and other major factors. We highly recommend you consult an experienced family lawyer to craft a reasonable and legally sound agreement.
The agreement must adhere to the Canadian laws. The help of an expert lawyer will ensure fairness and clarity of the binding document. Some vital factors are included in the separation agreement of a common-law relationship.
- Asset and debt distribution
- Access and custody of the child (if any)
- Spousal and child support
Divide Property and Debts
The Provincial Family Law Legislation governs the division of property and debts in a common-law divorce. The specifications of the law will change depending on the province, but some basic principles apply to the whole country.
First, you must understand that, unlike married couples, common-law couples do not have the same property rights. Some exceptional provinces have sanctioned legislation that allows a degree of asset division for common-law couples. Normally, each couple is entitled to a share of the property and debt, depending on their contribution to the relationship. This contribution can be financial or non-financial. It includes
- Caregiving
- Maintaining home
- Any other activities or efforts for the benefit of the relationship
Think About Living Arrangement
As mentioned earlier, the spouses don’t have the same rights as married couples in common-law relationships. As the distribution can be unpredictable, further living arrangements can be a big problem after the separation.
Common-law couples must figure out their living arrangements after separating to divide the assets. It can include the following
- Who will live in the family home?
- How will the expenses be divided?
- How much time each partner can spend with the child?
Make a Spousal Support
Spousal support is provided so the financially weak partner can lead a decent life. The duration of spousal support can be permanent or temporary, depending on the situation. Also, common-law couples do not have the right to spousal support.
Then again, some provinces have legislation that allows spousal support for common-law partners depending on some variables.
- Length of the common-law relationship
- Income and earning potential of the spouses
Common-law spousal support also depends on the necessity of the receiving partner and the ability to provide of the paying partner.
Create a Child Support Agreement
Child support is a payment that is made to contribute to the child’s expenses. The non-custodial parent makes this payment to the custodial parent. In Canada, the separated common-law partners get the same rights as the married couples.
For a child support agreement, the first thing to do is to decide who will get the child’s custody. Next, they have to figure out how much child support is needed to be paid by the non-custodial parent. If both partners agree on the decided child support payment, they can sign an agreement and submit it to the court for approval.
The amount is not fixed; it depends on the following factors –
- The income of the parents
- Number of children they have
- Current province of the paying parent.
Change of Legal Documents
After the end of a common-law relationship, there can come a time when you need to change the documents. You have to consider your current situation and act on it accordingly.
The documents can include your will, the power of a lawyer, beneficiary designations, and many other important things. This is a must to ensure mental peace and that your assets are managed according to your current situation. Consulting with an expert lawyer is highly recommended to reduce complications and go through a smooth process.
Conclusion
In Canada, ending a common-law relationship is an important life event. It has a significant impact on your personal life and financial status. This process also can cause emotional damage and be complex at times.
You must consult an expert family lawyer to protect your rights and assets. They will make sure the division is fair and in the best interest of your current circumstances.
FAQs
What happens if you break up with your common-law partner?
Breaking up with a common-law partner can have similar consequences to a married couple’s divorce. Although the laws are not the same and strict, the general outcome depends on the length of the common-law relationship and other situations.
What happens if you don’t file a common-law divorce?
There is no formal mandatory process for common-law relationships to be followed to separate. Divorce is not compulsory in these cases. The couples can break up at any time without any required legal actions.
What rights does a common-law partner have in Canada?
In Canada, a common-law partner is only entitled to everything they own personally. But, you can make a claim if you contribute to that property. It depends on a lot of variables and each couple’s unique situation.