common-law partner holding marriage ring over certificate paperwork

At Progressive Legal Solutions, our family law lawyers understand that many people are confused about the differences between married spouses and those in common-law relationships. In Ontario, the legal frameworks governing marriage and common law relationships vary significantly. Whether you are in a common law relationship or a formal marriage, it’s essential to understand your legal rights and obligations.

Marriage in Ontario

Marriage is a legal union between two individuals that is recognized by law. In Ontario, marriage is regulated by the Marriage Act and falls under federal jurisdiction. When you get married, you and your spouse enter into a formal legal relationship with certain rights and responsibilities.

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Key features of marriage in Ontario include:

  1. Legal Recognition: Marriage is a legally recognized and protected relationship, granting both spouses clear legal status and rights.
  2. Rights and Benefits: Married couples are entitled to numerous legal rights and benefits, including spousal support, equalization of net family property, inheritance rights, and tax advantages.
  3. Legal Protections: In case of a separation or divorce, the law ensures the equitable division of property, child custody, and support. Married couples are entitled to a structured process under the Family Law Act.
  4. Legal Requirements: To get married in Ontario, couples must obtain a marriage license, have a ceremony officiated by an authorized person, and register the marriage with the Registrar General of Ontario.

Common Law Relationships in Ontario

A common law relationship in Ontario refers to an unmarried couple living together in a conjugal relationship of some permanence. This arrangement, also known as a domestic partnership or common law marriage, is recognized under Ontario law after the couple has lived together for three years, or one year if they have a child together through birth or adoption.

Key features of common law relationships in Ontario include:

  1. Legal Recognition: Although not considered a marriage, a common law spouse may be recognized under Ontario law after meeting the duration and other legal criteria, providing certain legal protections.
  2. Limited Rights and Benefits: Unlike married couples, common law partners have fewer automatic rights. However, they may be entitled to certain legal rights depending on the circumstances, including constructive trust resulting from unjust enrichment or entitlements to spousal support in some cases.
  3. Proving Common Law Status: If disputes arise, common law partners may need to provide evidence of their relationship of some permanence, such as joint financial accounts, shared residence, and other documents demonstrating cohabitation.
  4. Child Custody and Support: Common law spouses in Ontario have the same legal rights and responsibilities as married couples regarding child custody, support, and access, as outlined in the Family Law Act.
  5. Cohabitation Agreements: To ensure fairness and clarity, cohabitation agreements can be an essential tool for common law partners. These agreements can help define the rights and responsibilities of both parties, particularly in cases involving property division or support obligations upon separation.

Key Legal Considerations for Common Law Partners

If you’re living together in a common law relationship in Ontario, it’s important to be aware of the following legal aspects:

  • Entitled to Spousal Support: In some situations, a common law spouse may be entitled to spousal support after separation, depending on the length of the relationship and financial contributions.
  • Constructive Trusts and Property Division: In the event of a separation, equalization of net family property may apply to common law relationships in certain circumstances, particularly where there is evidence of an unjust enrichment or a constructive trust due to contributions made to the relationship’s assets.
  • Cohabitation Agreements: To avoid legal confusion, entering into a cohabitation agreement can be beneficial. It can outline important issues such as the division of property, responsibilities during the relationship, and what happens if the relationship ends.

Common law and marriage in Ontario, compared

Both types of relationships share similarities in areas such as child custody and support, where both common law spouses and married couples are equally entitled under the Family Law Act. This includes rights regarding the care, access, and financial support for children. Additionally, both relationships can involve a constructive trust in cases of unjust enrichment, meaning that one partner may be entitled to a share of the other’s property if they contributed to the relationship’s assets, even if the couple was not married.

However, there are key differences. Marriage is a legally recognized union with automatic rights and protections, including spousal support, inheritance rights, and the equalization of net family property. These benefits are generally available without needing additional legal steps. In contrast, a common law relationship does not offer these automatic rights unless the couple has lived together for a specific duration—three years, or one year if they have a child together. Common law partners often need to prove the relationship of some permanence, and may require a cohabitation agreement to clearly define their rights and responsibilities, especially concerning property division or spousal support upon separation.

In summary, while common law relationships and marriages offer similar protections in family matters, marriages provide a broader range of automatic legal rights, whereas common law couples must take additional steps to secure certain legal protections.

At Progressive Legal Solutions, our experienced family law lawyers can guide you through the complexities of both marriage and common law relationships in Ontario. Whether you’re seeking assistance with a separation, spousal support, or need help drafting a cohabitation agreement, we are here to provide the legal support you need.

Book a Consultation with Progressive Legal Solutions today for expert advice on navigating the legal aspects of marriage or common law relationships in Ontario.