Love can bring two people together–but understanding how the law sees your relationship is just as important as the bond that you share with your partner.
If you are building a life with someone, you have likely come across the terms marriage and common law–but do you really know how they differ? In Canada, the distinction matters more than most people think.
Keep reading as we break down marriage vs. common law in Canada, the types of marriages in Canada, and the distinct differences between common law and marriage.
Marriage Vs. Common Law in Canada
Let’s begin at marriage vs. common law in Canada. How are they different? In Canada, marriage is a formal, legally binding union recognized nationwide. It begins with a marriage license and ceremony, and comes with a clear set of legal responsibilities and rights. This type of partnership is built to support married couples in the event of divorce, death, or separation.
On the other hand, a common law relationship is when two people live together in a conjugal partnership without getting legally married. While it may feel exactly like a marriage in day-to-day life, the law does not treat it the same way. In Ontario, a couple is considered common law after:
- Living together for 3 continuous years, or
- 1 year if they have a child together (by birth or adoption)
Differences Between Common Law & Marriage: Property & Assets
There are many differences between common law and marriage, particularly when it comes to property rights and assets.
Marriage
In a marriage, both spouses have equal rights to the marital home and assets acquired during the marriage, regardless of who paid for what. Upon separation or divorce, property is generally split equally under Ontario’s Family Law Act.
Common Law
For common law couples, there is no automatic right to property division. Unless there is a legal agreement in place or specific financial contributions can be proven. In the event of a separation, each partner typically walks away with what is in their name.
Differences in Spousal Support
So what about spousal support?
Spousal support can still be awarded in both types of marriages in Canada (both standard and common law), depending on the length of the relationship and financial dependency. But the legal process is often more complex for common law partners without a formal agreement.
Navigating Different Types of Marriages in Canada
Whether you are already married, living together, or planning a future as a couple, knowing the difference between common law and marriage in Canada allows you to plan wisely for the future–and we are here to help!
At Paul Cooper Family Law, we understand that every relationship is unique. Our Toronto-based team offers clear legal guidance for marriage agreements, common law relationships, child custody, and more. Book an appointment with us today to connect with a family lawyer about marriages and common law partnerships.