Recent statistics show that 77% of Canadian couples are legally married, while 23% are in common-law relationships. It indicates that Canada has the largest percentage of common-law couples in G7 countries.
It is because common-law relationships are recognized by Canadian law just as legal marriages are, and the societal attitudes surrounding relationships have shifted, with couples believing marriage is no longer necessary.
In fact, from 1981 to 2021, the share of common-law couples in Canada increased by 447%, while the number of married couples increased by only 26%. It shows that common-law relationships have gained more popularity in Canada than marriages and are increasing more rapidly.
Let’s take a closer look at the two.
Common Law Relationships in Canada
In Canada, a common law relationship is described as when two people live together but are not married. It means they are partners and not a married couple. Cohabitation is an essential aspect of forming a common-law partnership, and the couple must live together for a set period—which varies in every province and territory—before they can be deemed common-law partners.
In contrast to a legal marriage, there is no need for a ceremony or to legitimize the partnership through registration or documentation. However, common law relationships are recognized as a type of partnership under Canadian law, and each partner has legal rights and obligations regarding property distribution, spousal support, and child support after a breakup.
These partners may have some of the same legal rights and obligations as married couples.
Legal Rights and Obligations in Common Law Relationships
The legal rights and obligations of people in common law relationships differ from those in a legal and documented marriage. Here are some rights and obligations of people in a common law relationship based on the Family Law Act in Canada.
Property Rights
Common law partners have legal rights and obligations regarding property division. All properties and assets are not equally divided, like in a divorce. However, the law acknowledges joint property acquired throughout the partnership.
If you and your partner part ways, any property you have acquired jointly would be divided based on factors such as contribution and each partner’s economic conditions. However, the laws can differ in each province and territory, so the couple must consult a family lawyer for further consultation.
Partner Support
Spousal or partner support for common law couples is calculated similarly to married couples, applying to those who have cohabited (lived together) for three years or more or had children together. Common law couples who meet certain criteria may be entitled to or compelled to pay spousal support to their former spouse.
Child Support
All parents have a legal obligation to support their dependent children. The Child Support Guidelines are used to calculate child support for both married and unmarried parents in Canada.
The same standards apply whether the claim for support is brought under the Divorce Act (for married couples) or the Family Law Act. The payments may be determined by factors such as the parent’s income, the number of children, and the children’s needs.
Legal Marriages in Canada
A marriage is a legally recognized union between two people officiated by a ceremony and legal documentation in Canada. It has to meet all the requirements of the Civil Marriage Act.
Same-sex marriage was legalized in Canada in 2005, and partners of any gender can legally marry. They have the same rights as opposite-sex couples. A married couple receives legal recognition and perks such as inheritance rights, access to healthcare benefits, and visa sponsorship.
However, they require extra formalities, such as a marriage license, a ceremony, and government registration.
Similar to common law relationships, in the event of a divorce or separation, a married couple has legal rights and obligations regarding property division, spousal support, and child support under the Divorce Act.
Legal Rights and Obligations of Marriage in Canada
Marriage in Canada comes with more legal rights and obligations than a common law relationship and is recognized and protected by law. Here are some of them.
Property Rights and Division
Marriage in Canada provides property rights for spouses in the case of a divorce or separation. In most circumstances, marital or joint property obtained during the marriage is subject to an equitable split between spouses. Real estate, financial assets, investments, and personal possessions are all included.
Spousal Support and Financial Obligations
Marriage implies some financial obligations as well as potential spousal support entitlements. Spousal support, often known as alimony, is financial support granted by one spouse to the other following a separation or divorce.
However, a judge may rule that the lower-income spouse is not entitled to spousal support. This decision may be due to considerations such as the number of assets or the inability to attribute income differences to events that occurred during the relationship.
Child Custody and Support
Married couples with children have legal rights and responsibilities for custody and support. The Divorce Act covers child custody and support issues for married couples, with the child’s best interest taking precedence. It includes deciding on custody, decision-making authority, and child support payments.
The court or divorcing couples seek to construct a parenting plan that promotes the child’s well-being while ensuring financial assistance. It can be drafted by a family lawyer.
Pension Benefits
Marriage might have an impact on pension benefits. Spouses may be entitled to a percentage of each other’s accumulated pension benefits during the marriage. Pension assets are subject to provincial or territorial regulations in the event of divorce or separation, and specific restrictions may differ.
It ensures that each spouse receives an equitable part of the pension benefits accumulated during the marriage.
Difference Between Spousal and Common Law Sponsorship in Canada
There are two options for sponsoring a partner for immigration reasons in Canada: spousal sponsorship and common-law sponsorship. The immigration process for each can have significant differences.
Spousal Sponsorship
When the sponsor is lawfully married to their foreign partner, spousal sponsorship is available. The marriage must be legal in Canada, and both partners must intend to live together as a married couple. It requires providing legal documentation, such as a marriage certificate.
Spousal sponsorship permits a Canadian citizen or permanent resident to sponsor their spouse for immigration to Canada. Because Canada recognizes and encourages same-sex partnerships, it also applies to same-sex weddings.
Common Law Sponsorship
Couples who are in a serious relationship but are not legally married are eligible for common-law sponsorship. To be qualified for common-law sponsorship, the couple must meet some requirements, which often include cohabiting for a set period and demonstrating an exclusive commitment to each other. It can be shown through having joint bank accounts, shared bills, or documentation of the jointly-owned property.
The specific conditions for common law sponsorship in Canada may differ slightly depending on the province or territory. Same-sex relationships are eligible for common-law sponsorship.
Common Law Relationships vs. Marriages
Are you wondering which is the right one for you? Common law relationship and marriage have their own set of differences.
Couples in a common law partnership have more flexibility and autonomy because there are no formalities or legal responsibilities. Legal rights are given after a particular period of cohabitation, but they are not guaranteed. If you value personal independence and prefer a less structured commitment, partnerships can be more appropriate.
Marriage, on the other hand, provides a variety of legal safeguards, such as inheritance rights, spousal support entitlements, and decision-making authority. Married couples may frequently benefit financially from tax breaks and joint filing possibilities. If you want a formal and binding commitment and the legal and social privileges that come with it, marriage might be the right solution for you!
Couples must discuss their expectations and consult a family lawyer to make an informed decision.
Getting Spousal Sponsorship or Common Law Sponsorship in Canada
The immigration process to Canada for spousal sponsorship and common-law sponsorship can be difficult to navigate. Lucky for you, our skilled and experienced team of family lawyers and immigration lawyers can help. They can provide guidance and help you navigate the system effectively due to their vast experience and expertise in Canadian immigration law.
Our immigration lawyer at Nanda & Associate Lawyers will work directly with you to understand your unique circumstances and design a tailored approach for your case, whether you are seeking spousal or common-law sponsorship, need assistance with visa applications, or have questions about immigration rules and regulations.
We can help you bring your loved one to Canada with you. Contact us now to book a consultation with our immigration lawyers.
Disclaimer: Please note that this blog is intended for educational purposes only and should not be used as a substitute for legal advice.
