Family law in Nova Scotia applies a distinct difference between common law vs. marriage. While some provinces may allow common law, or cohabitation, to take on the rights and responsibilities of marriage after a certain period of time, this is not the case in Nova Scotia. Understanding the differences between common law and marriage is crucial, as it affects various aspects of a couple's legal rights and obligations. This article explores the disparities between common law and marriage highlighting key differences and providing clarity on the subject.
What Constitutes Common Law?
A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union. The definition of common law partnership also differs depending on the laws applied. For example, the Canada Pension Plan states that two people are in a common law relationship once they have lived together for at least 12 months. The Parenting and Support Act, on the other hand, requires two years of cohabitation before a relationship can be described as common law.
Some provinces do have a unique legal status for a common law relationship, including same sex relationships, which are described as a “domestic partnership.” Nova Scotia is a province that allows couples to register their relationship through the completion of a form that is signed by both partners. A registered domestic partnership allows the registered partners to enjoy the rights of married couples without being formally married with respect to the laws of Nova Scotia.
Marriage vs Common Law: Rights and Responsibilities
In Nova Scotia the authorities do not recognize unregistered common law partnerships as having the same rights and responsibilities as marriages. Unregistered common law partners do not enjoy the same rights as married couples with regard to property and debts, the family home and inheritance.
Married couples and common law couples who have children together usually have the same rights related to children; including rights regarding custody, access and child support.
These distinctions mean that the law must approach common law couples differently to married couples when it comes to the division of property and debt, but the distinction is not made when it comes to the children of the relationship.
If you are in need of legal advice about the difference between common law and marriage or more specifically, how it pertains to your children or property in the event of a divorce or break-up, contact Lenehan Musgrave LLP, a family law office in Dartmouth NS. We can offer timely advice on your divorce, child custody or inheritance case.
Is Common Law the Same as Marriage in Canada?
No, common law and marriage are not the same in Nova Scotia. While both types of relationships involve two individuals in a committed partnership, they have distinct legal implications. Marriage provides greater legal protection, spousal support, rights, and obligations compared to common law unions in Canada. It is essential to understand these differences and seek legal advice to ensure a comprehensive understanding of your rights and responsibilities based on your specific circumstances.
Understanding the differences between married spouses and common law spouses is crucial for individuals who are contemplating or are already in a committed relationship. While common-law relationships can offer certain benefits, marriage provides more extensive legal and financial rights and protections. It is advisable to seek legal advice from a family lawyer and explore the specific laws of your province or territory to fully comprehend the implications of your chosen relationship status. If you require legal counsel regarding the distinction between common law and marriage, particularly regarding matters concerning your children or property in the event of a separation or divorce, reach out to Lenehan Musgrave LLP, a family law office based in Dartmouth NS.
Our experienced team of family lawyers can provide prompt and insightful guidance on your divorce proceedings, child custody arrangements, or matters pertaining to inheritance. Contact us today to obtain the necessary support and advice regarding the difference between marriage and common law in your specific situation.
