In Ontario, common law relationships are becoming more and more common. Many couples choose this type of relationship instead of getting married for various reasons such as personal beliefs or desire for financial independence. However, there are often misconceptions around the legal rights of common-law spouses in Ontario. This article aims to provide clarity on the legal rights of common-law spouses in Ontario.
Defining Common-Law Relationships
The first step in understanding your rights as a common-law spouse in Ontario is to define what common-law relationships are. In Ontario, two people become common-law partners if they have been living together in a conjugal relationship for at least three years. They can also be considered common-law partners if they have been living together for less than three years but have a child together.
Conjugal Relationship
A conjugal relationship is a relationship between two people who are not married but are in a committed, intimate relationship. Couples in a conjugal relationship live together, share expenses, and engage in sexual activity.
Exceptions to the Three-Year Rule
There are some exceptions to the three-year rule for common-law relationships in Ontario. For example, if two people have lived together for less than three years but have a child together, they may still be considered common-law partners.
Proof of Common-Law Relationship
To prove that you are in a common-law relationship in Ontario, you need to provide evidence that you and your partner have been living together in a conjugal relationship for at least three years. Some examples of evidence include joint bank accounts, shared bills, and lease agreements.
Legal Rights of Common-Law Spouses in Ontario
Now that we have defined a common-law relationship, let’s examine the legal rights of common-law spouses in Ontario.
Property Rights
One of the most significant legal rights of common-law spouses in Ontario is property rights. When a common-law relationship ends, each partner is entitled to a share of the property they acquired during the course of the relationship.
Spousal Support
Common-law spouses may also be entitled to spousal support if their relationship ends. This is especially true if one partner made significant financial sacrifices or career choices to support the other partner’s career or education.
Child Custody and Support
Like married couples, common-law partners who have children together are entitled to child custody and support if their relationship ends. In determining child custody and support, the court will consider the best interests of the child.
Protecting Your Rights as a Common-Law Spouse in Ontario
While common-law spouses in Ontario have legal rights, it is crucial to protect those rights. Here are some ways to protect your rights as a common-law spouse in Ontario.
Cohabitation Agreement
A cohabitation agreement is a legal document that outlines the terms of your relationship with your partner. It can cover issues such as property division, spousal support, and child custody and support.
Keep Records
Keeping records of your shared expenses and joint assets can help prove that you are in a common-law relationship if you need to do so in the future. Make sure to keep receipts, bank statements, and any other relevant documents.
Seek Legal Advice
If you are unsure about your legal rights as a common-law spouse in Ontario, seek legal advice. A lawyer can help you understand your legal rights and obligations and provide guidance on how to protect them.
Conclusion
In conclusion, common-law relationships are becoming more prevalent in Ontario, and it is essential to understand your legal rights as a common-law spouse. While common-law spouses have legal rights, it is vital to protect those rights by taking steps such as having a cohabitation agreement, keeping records of shared expenses and assets, and seeking legal advice when necessary. By understanding and protecting your legal rights as a common-law spouse in Ontario, you can ensure that you are treated fairly if your relationship ends.