Contact a lawyer now

Common Law Separation

Common Law Separation

A common law separation is defined as two people who don’t want to live together in a committed. According to the most recent Canadian census, common-law partnerships are on the rise in Canada.

Despite the increase in this form of partnership, the rights of individuals living together outside of marriage remain mostly unknown. In fact, many individuals mistakenly assume that a common-law couple has the same rights as a married pair, which is frequently not the case.

Now, The specific regulations of common law separation and the requirements to qualify for one differ per Canadian province in Canada.

What is Separation?

Separation is when the partner doesn’t want to live with each other. for example, when couples are not romantic after marriage, daily fighting, understanding, trust, and more problems, which are causing by separation through law.

What is a Separation Agreement?

What is a separation agreement? If you and your common-law partner have a cohabitation agreement, it probably already addresses what would happen if you and your partner separated. If you do not have a cohabitation agreement, you can establish a separation agreement with your partner when you split.

A separation agreement is a formal commitment to both of you and states the terms and conditions under which you will live apart. A separation agreement would often include provisions on parenting arrangements, child support, and the distribution of property, assets, and debts.

Separation agreements, like cohabitation agreements, are typically drafted by attorneys. Both partners should get independent legal counsel to ensure that the arrangement is appropriate for them. Separation agreements are sometimes known as Minutes of Settlement.

Does Your Relationship Qualify as Common law?

Two persons are considering common-law partners in Canada. They have to live together in a conjugal relationship for at least three years. They need to live together for one year if they have a kid together through birth or adoption.

According to Alberta, There is no such thing as common law marriage in Alberta. They have instead established a new type of connection called an interdependent adult partner. An interdependent adult partner is someone who has been in an interdependent relationship for at least three years or has a connection with some permanency if there is a child. By engaging in a signed adult interdependent partner agreement, you can also become an interdependent adult partner.

According to Saskatchewan, You must live continuously for at least 24 months.

Questions about Common Law Separation

People are asking so many queries on the internet to know about common law separation. We also get many questions like that as well. So, we have given a thought on that matter and develop a complete section below to answer all those most frequently asked questions on common law separation. Let’s get you an answer for whatever you want to know.

What Do I Have to Do to Consider in a Common-law Union?

Common law for insurance or tax reasons may differ from what is considered common-law in family law. A pair must be in a marriage-like relationship and have lived together for a specific amount of time to be deemed a common-law spouse in the eyes of the law.

What Are My Rights in a Common Law Relationship?

Whether you are cohabitating couples with anyone but are not officially married, it is vital to comprehend your rights and duties in the event of a common-law separation.

Child Custody and Child Support

When a common-law marriage dissolves in Canada, the rights and duties of children are the same or consistent with the rights and obligations of children of separated legally married spouses.

Property Rights Under Common-Law

The property question is where the rights and duties of separated common-law spouses and legally married couples vary.

For example, when you’ve been residing in a home owned by your common-law spouse, you may be entitled to file trust claims against their interest in that home. The strength of these claims will determine by criteria such as the period of cohabitation, contributions to the asset, and the facts of your case. Understanding this complex area of the law, it is critical to speak with a specialist.

Can You Get Spousal Support for Common Law Separation?

If a common-law spouse fulfills the conditions of the appropriate provincial laws, such as a minimum duration of cohabitation or having a child with the other common-law spouse, they may claim spousal support. The strength of a spousal support claim depends on factors such as length of cohabitation and income difference between common-law spouses and whether or not there are offspring. You need to consult with a lawyer in your region to learn about your spousal support rights and duties.

Do You Need a Separation Agreement for Common Law?

Legally separated married couples commonly negotiate separation. Agreements to settle difficulties stemming from the collapse of their marriage rather than going to court separated common-law couples do the same. It is critical to settle problems arising from a common-law separation in writing so that both parties’ rights and duties will establish for the present and future.

However, if you have been married for a long time, have children together, or have acquired several assets together, the process of separating might be complex. You should consult with a lawyer about common law separation and execute a separation agreement.

In a divorce, common-law partners do not have the same legal rights and duties toward one another as married couples. The major differences between common-law partners and married couples describe here. This material is equally applicable to same-sex and opposite-sex partners.

Can I Get Spousal Support If I Wasn’t Married?

You should consult with a lawyer to determine your chances of receiving spousal support. If you qualify for spousal support in Canada, some rules might help you figure out how much you could get and for how long. These recommendations, known as the Spousal Support Advisory Guidelines, are not legal, but they might be helpful when dealing with this situation.

Many criteria must be considered before deciding whether or not to award spousal support. Among these considerations might be:

  • how probable the partner requesting spousal assistance is to be able to sustain themselves
  • how long the couples had been together
  • the ages of the couples present they divorced
  • Whether one spouse financially benefited from the connection while the other did not, For example, if you traveled around a lot with your spouse due to their job and missed out on more significant opportunities for yourself as a response.


In conclusion, common law separation in Canada is similar to legally married breaks in child custody. The question of property is where the two forms of marriages vary the most. Get a free divorce lawyer consultation and speak with an expert who can answer your common-law questions and help you with your Separation Agreement For Common Law.