A Guide to Ontario’s Common Law Marriage Laws

Common law relationships are becoming more prevalent in Ontario, with many couples choosing to live together before getting married. While there are several benefits to being in a common law relationship, it’s important to understand your legal rights and obligations under Ontario’s family law legislation. This guide will provide an overview of Ontario’s common law marriage laws, including what constitutes a common law relationship, how to prove it, and what legal rights and obligations come with it.

What is a Common Law Relationship?

In Ontario, a couple is considered to be in a common law relationship if they have been living together in a conjugal relationship for at least three years, or if they have a child together and are in a relationship of some permanence. However, the length of time required may vary depending on the specific circumstances of the relationship. Below are some key points about what constitutes a common law relationship:

1. Cohabiting: To be considered common law, the couple must be cohabiting or living together in the same residence. This means that they share household expenses, chores and participate in each other’s daily lives.
2. Conjugal Relationship: A “conjugal relationship” is defined as a relationship between two people who are in a romantic, sexual, and committed relationship. This includes sharing a bed, having sex, spending time together, and making decisions as a couple.
3. Presenting Themselves as a Couple: The couple must present themselves as a couple to their family and friends. This can include attending events together, introducing each other as partners, and generally presenting themselves as a couple in public.

How to Prove a Common Law Relationship

If you need to prove that you are in a common law relationship, there are several factors that may be considered. Below are some ways to prove a common law union:

1. Length of Time: As mentioned earlier, the length of time you have been living together is a crucial factor in determining whether you are in a common law relationship.
2. Sharing Expenses and Property: If you and your partner share expenses and property, it can be evidence of a common law relationship. This can include jointly owning a home, having joint bank accounts or credit cards, or sharing household expenses.
3. Socialization: If you and your partner present yourselves as a couple to family and friends, this can also be used as evidence of a common law relationship. This can include attending events together, introducing each other as partners, and generally presenting yourselves as a couple in public.

Legal Rights and Obligations

If you are in a common law relationship in Ontario, you have legal rights and obligations under the Family Law Act. Here are some key points to keep in mind:

1. Property Division: If a common law couple separates, they may be entitled to divide property that was acquired during the relationship. However, unlike married couples, common law couples do not have an automatic right to equal division of property.
2. Support Obligations: In some cases, one partner may be required to pay support to the other partner after a separation. This will depend on several factors, including the length of the relationship, the incomes of each partner, and the roles they played in the relationship.
3. Custody of Children: If the couple has children together, custody arrangements will need to be made in the event of a separation. While custody and access decisions will be based on what is in the best interests of the child, a common law partner may have less legal standing than a married partner.

Conclusion

Overall, understanding Ontario’s common law marriage laws is important for anyone in a committed relationship. If you are in a common law relationship, it’s important to document your status and take steps to protect your legal rights and obligations. This may include creating a cohabitation agreement, seeking legal advice, or taking steps to prove your relationship if you need to do so.