Whether a couple is married or not is a straightforward question. Determining whether a couple is in a common-law relationship is more complicated. If you were to ask your family and friends, you would probably get conflicting answers based on the length of time a couple has lived together. The truth is, how long a couple has lived under the same roof is only part of what determines a common-law relationship, and it depends on what legislation you are applying. Confused? Let’s sort it out.
Two roads to a common-law union
There are two ways by which a relationship can become common-law. The first is to register the relationship as common-law with Manitoba’s Vital Statistics Agency. In this instance, the parties cannot be married to anyone else, and both people must be 18 years of age or older. Additionally, the couple must be living together in a conjugal relationship. The second way is for the couple to live together in a conjugal relationship over a set period of time. In this instance, either party can be married to another person. Common-law relationships can be between same-sex and opposite-sex couples.
Length of time living together
The root of the confusion about how long two people must live together to be considered part of a common-law relationship stems from variations in the law. A couple has legal rights and obligations once the relationship is designated common-law. These include property rights and spousal/common-law partner support obligations. However, each of these areas is governed by separate pieces of legislation, and they are not uniform in how they define a common-law relationship.
Below are the acts that apply:
The Family Maintenance Act
How it applies: Child and spousal support
Definition of common-law: The couple has: (a) registered the relationship with Vital Statistics; (b) has lived together in a conjugal relationship for at least three years; or (c) has a child together and has lived together in a conjugal relationship for at least one year.
The Family Property Act
How it applies: Dictates how property owned by the people in the relationship is dealt with under the law
Definition of common-law: The couple has: (a) registered with Vital Statistics; or (b) has lived together in a conjugal relationship for at least three years. There is no distinction in The Family Property Act between couples that have children together and couples that don’t. The same definition applies under The Homesteads Act. This legislation gives a person the right to live in a home that they do not own, but that they lived in during a common-law relationship or marriage.
The Law of Property Act
How it applies: This legislation deals with property that people own jointly, such as a home.
Definition of common-law: It is the same as The Family Maintenance Act, making a distinction between couples that have children together and couples that don’t.
The Pension Benefits Act
How it applies: Provincial employee pensions
Definition of common-law: The couple (a) has registered with Vital Statistics; (b) has lived together in a conjugal relationship for at least three years if one or both of them are married to someone else; or (c) has lived together in a conjugal relationship for at least one year if neither is married to someone else.
Pension Benefits Standards Act
How it applies: Federal employee pensions
Definition of common-law: The couple has lived together in a conjugal relationship for at least one year. There is no distinction between couples where one or both are married to other people and couples where neither of them is married to someone else.
Although there are many similarities between the various definitions of common-law relationships, there are small, but important differences across the legislation.
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By Kelly Riediger
Do you have more questions about the definition of a common-law relationship and the rights and obligations that go along with this type of union? I’m here to help, contact me today.