• DivorceSupport.CA
• About Our Firm
• Family Law Advice
• Our Fees
• Our Team
• Our Blog
• Contact Us
• Areas of Practice
• Prenuptial Agreement
• Separation Agreement
• Divorce
• Family Property
• Spousal Support
• Child Support
• Child Custody
• Common Law Marriage
• Same Sex Marriage
• Fast-Track Family Law
• Alternative Dispute Resolution
• Collaborative Law
• Resources
• Our Family Law Blog
• Recommended Links

Common Law Marriage

What are Your Rights?

In family law, you are considered to be in a common law marriage if you have been living with your partner for a period of at least three years, or, if the two of you have a child and 'are in a relationship of some permanence'.

If you are entering a common law relationship, it's worth considering having a cohabitation agreement to spell out your legal rights to family property, spousal support, and child custody and support.

For most people, questions about legal rights in common law marriage usually come up when they are separating.

A Niren family lawyer can explain what your rights are and help you negotiate a legal separation agreement with your spouse, or enforce a cohabitation agreement if you have one.

How Family Law Treats Common Law Marriage

The area of family law that is fairly straight-forward for both married and common-law spouses is child support: the law treats child support as a right of the children of a relationship, regardless of 'marital status' of the parents.

If you are not the biological parent of the child or children, it can be a little less clear-cut, depending on how involved you have been in the child's life. (You'll find more information about child support here.)

The biggest area of difference in how family law treats married and unmarried couples (common-law or same-sex) is in family property division. Generally, in a common law relationship, property will be divided based on who bought the property and each partner's financial contribution to the relationship. (Family property division for married couples is explained here.)

Another area of difference in 'legal' marriage and common law marriage is to do with spousal support. In a 'traditional' marriage, a spouse is generally obligated to support the other if they are able to pay and the other has a need, regardless of how long the couple has been together. In a common law relationship, this support obligation only 'kicks in' if you have a child together or you've been living together continuously for at least three years.

As with most areas of family law, there are many "ifs and buts" in how the law deals with different aspects of a common law marriage and separation.

If you would like help clarifying where you stand in your common law marriage, whether before, during or upon separation, contact a Niren Family Lawyer for an initial consultation.