Whether or not you are considered to be in a common law relationship will depend on the laws that apply to your situation. Every law has its own definition for what qualifies as a common law relationship.

For example, the Canada Pension Plan says that to be a ‘common law partner’ you had to have been living with your partner for one year, while the Parenting and Support Act says you are a ‘spouse’ after you have lived together in a conjugal relationship for two years, or have lived together and have a child together. A conjugal relationship is a ‘marriage-like’ relationship.

You cannot file an application to become ‘common law,’ like you would if you wanted to be considered a ‘domestic partner.’ You do not have to go through a formal court process when you separate from your common law partner. You cannot get divorced. If you want to have something in writing when you move in with your partner, you can make a ‘cohabitation agreement.’ You can also make a ‘separation agreement’ if you separate from your partner.

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No. Common law couples do not have all of the same rights and obligations as married couples under the law relating to property, debts and pensions. However, their rights and obligations around parenting and supporting children are similar to those of married couples.

When a couple is married, and they divide their property when they separate, there is a general rule of equal sharing of the property they used as a married couple. This means that when they separate or divorce, the spouses will split things 50/50 - like their property, pensions, assets, and debts. This general rule does not exist for common law couples when they separate.

Legally speaking, the break-up of common law relationships is like the break-up of a business. You need to look at what each of you:

• provided to buy the assets
• contributed to keep up or improve the assets,
• may have done to allow the other person to do the same.

In real life, however, it is not always so simple to sort out who owes what to whom. If you and your former partner cannot agree on how to split up your property when you separate, you may apply to the court for a court order to divide the property. In every case, former common law partners should have legal advice involving common law property division.

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A Registered Domestic Partnership is a formal legal relationship that is registered with the government. This type of relationship allows a couple to have some of the rights and obligations that married couples have, without being married. This may include things like pension benefits or the ability to divide property or other assets at separation or death. This type of relationship generally gives the couple more rights than a common law relationship, but does not have all of the rights of a marriage.

Couples who want to have a Registered Domestic Partnership must register with Vital Statistics at Service Nova Scotia and Municipal Relations. Each partner must be over 19, and must not already be married or in another Registered Domestic Partnership. To contact Vital Statistics, you can call (902) 424-4381 or toll-free at 1-800-898-7668, or visit their website.

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You do not have to register a common law relationship with the government like you do with a Registered Domestic Partnership.

Also, when you separate from your common law partner, it may be difficult for you to determine how to split up your debts, property, or other assets, because the law that deals with common law property is not clear-cut. When you are in a Registered Domestic Partnership, you are able to use some of the laws that a married couple can use, like the Matrimonial Property Act, if you have to apply to the court for help in dividing your property or debts.

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