Are you navigating the possibility of a common law relationship amid divorce proceedings? This pivotal moment comes with legal nuances that can affect your future. In essence, a common law relationship is a partnership where two individuals live together, akin to marriage, but with common law status without the formal legal certification. The implications of such an arrangement are critical if you’re not yet divorced, touching on aspects of property rights, parental responsibilities, and financial claims. Delve into this article to understand how these relationships are recognized legally and what considerations you must weigh when meshing personal transitions with legal obligations.
Legal Implications of a Common-law Relationship
Living in term common law marriage might seem like a casual commitment, but it’s far from it, especially when you are still legally married to someone else. A common-law relationship, also known as a common law partnership, is characterized by individuals:
- living together
- sharing finances
- sharing social circles
- forming emotional bonds
In a conjugal relationship without the legal restrictions of being legally married, factors such as duration of cohabitation and shared parenthood can lead to the couple gaining the status of common law partners, and thus, acquiring rights similar to those in a legal marriage.
The legal implications of such relationships can vary significantly across jurisdictions. In Canada, for instance, common-law partners are recognized after a minimum of 12 months of cohabitation, which is crucial for certain legal aspects like federal tax purposes and immigration. However, the rules can differ across provinces, with British Columbia and Ontario requiring at least three years of continuous cohabitation in a marriage-like relationship without marriage license or a shorter duration if there’s a child involved.
Common-law relationships, marriages, and civil unions each have their unique legal standings. A civil union grants rights at the state level, while a common-law marriage can be established by meeting specific criteria, providing many of the same rights as a conventional marriage. It is essential to recognize common law marriage as it indicates a more de facto relationship and marital status, even without a formalized ceremony. Comprehending these differences is key to effectively navigate through the legalities of common-law relationships, particularly when a divorce is yet to be finalized.
However, understanding the legal implications of common-law partnerships is only one aspect of the intricate family law. The ongoing divorce process introduces another layer of complexity. Thus, it’s important to comprehend the divorce procedure to sidestep potential legal pitfalls.
Understanding the Divorce Process
The process of divorce under the Family Law Act typically involves several stages, including:
- The decision to divorce and separation from your legally married spouse
- The filing of divorce papers and serving them to your spouse
- The negotiation and settlement of issues such as child custody, spousal support, and division of assets
- The finalization of the divorce through a court hearing or consent order
It might appear straightforward on paper, but the reality can be far more complex, especially when you start living common law before your divorce is concluded.
The typical duration for a divorce process in Ontario, for example, is about 4 to 6 months. Still, various factors can prolong this timeline, such as:
- marital property disagreements
- child custody disputes
- financial debates
- division of debt arguments
Introducing a new common-law partner, same sex marriage or a previously separated spouse into this mix can complicate matters further and potentially extend the divorce process.
One of the main complications that can arise during the divorce process is the division of marital property. When more than one person of the married partners begins a new relationship before the divorce is finalized, it can bring additional challenges. For instance, determining the classification of community and separate property can become more complex, and there could be attempts to conceal or hide assets.
Another aspect that can be further complicated by a new common law couple in-law relationship is child custody arrangements. The children’s preferences, especially pre-teens and teenagers, can significantly influence custody decisions. If the parents are considered common law partners before the divorce is finalized, it could impact these preferences and arrangements. Therefore, it’s important to weigh the potential repercussions on the ongoing divorce when entering a common-law relationship.
Potential Repercussions on the Ongoing Divorce
Entering a common-law relationship before your divorce is final can have significant repercussions on the ongoing divorce process. For instance, it can complicate property division, as determining the classification of community and separate property can become more complex. There might also be attempts by your ex-spouse or common-law partner to hide or conceal assets as a response to the new relationship.
Child custody arrangements could also be affected. The introduction of a new common law partner abroad them can impact the children’s preferences, which can have a substantial influence on custody decisions, especially for pre-teens and teenagers. This impact may be more significant if the parents are considered common law partners before the divorce is finalized.
The repercussions extend beyond legal complications. The emotional impact on all parties involved can be significant, leading to heightened tensions and stress. It’s important to responsibly manage these emotions, not only for your own mental health but also for your children and your relationship with your ex-spouse.
One way to manage these potential repercussions is through open communication and transparency with your ex-spouse, which can not only minimize conflicts but also ensure a smoother divorce process.
Communication and Transparency with Your Ex-Spouse
Open communication during the divorce proceedings can reduce conflict, protect relationships, and facilitate progress in the legal process. It allows both partners to express their emotions and move on, which can also lead to mutually beneficial agreements and reduce stress for children. This openness is particularly important when a new common-law relationship is in the works, to ensure its legal recognition and non-interference with the ongoing divorce process.
Transparency with an ex-spouse is equally important, especially when it comes to financial matters. Both parties to informal marriage are legally mandated to disclose their financial status, including tax returns and pertinent records. This practice aids in ensuring an equitable distribution of marital assets and protecting individual assets, which becomes all the more critical when a new common-law relationship is formed during the divorce process.
However, maintaining transparency with your former spouse during a divorce comes with its own set of challenges. These include:
- The legal obligation to disclose financial information
- The potential existence of undisclosed assets
- The necessity of maintaining thorough records
- The importance of engaging with financial experts
Despite these challenges, transparency is key to maintaining a fair and efficient divorce process. However, navigating these legal and emotional aspects can be complex, and securing legal advice is often a prudent step.
Seeking Legal Advice
Securing legal counsel is important for understanding the potential consequences of entering a common-law relationship before finalizing your divorce and protecting your rights and interests. Family law attorneys can provide valuable guidance on the rights of common-law partners in various legal matters, including:
- Property and assets
- Child custody
- Child support
- Common-law separation
In a divorce case, a family law attorney is responsible for resolving separation, divorce, or family court issues and reaching settlements. They deal with personal aspects of their clients’ lives, including divorce, child custody, adoption, paternity, enforcement and modifications of family law court orders, and domestic violence.
One such firm that offers comprehensive legal assistance for such matters is Feldstein Family Law Group P.C. They provide valuable guidance on the legal rights of common law spouses/partners in Toronto, Mississauga, Markham, Oakville, Vaughan, and the surrounding areas in Ontario. They can also safeguard these rights in legal matters related to property and assets, child custody, child support, or common law separation.
If you’re considering entering a common-law relationship before your divorce is finalized, you can arrange a complimentary consultation with Feldstein Family Law Group P.C. by contacting them at (905) 581-7222.
Navigating the Emotional Aspect
Beyond the legal complexities, starting a common-law relationship before finalizing a divorce can introduce significant emotional challenges. It can exacerbate the already heightened emotions associated with divorce and potentially lead to:
- Psychological distress
- Substance abuse
- Depression
- Decreased levels of life satisfaction
- Overall well-being
When transitioning from a marriage to a common-law relationship, it’s important to responsibly manage emotions, set a positive example for your children, and avoid negative coping mechanisms. Seeking therapy can be beneficial for identifying underlying causes of conflict, enhancing communication, and fortifying the new relationship.
The emotional impact also extends to children. Initiating a new relationship during a divorce can lead to emotional and psychological disturbances, emotional and behavioral issues, and feelings of blame in children. Hence, it’s important to consider their emotional well-being during this transition.
Professional counseling services and techniques such as the Emotional Freedom Technique (EFT) can be beneficial in addressing trust issues and aiding in emotional transitions. Having a strong emotional support system can make the transition smoother and less stressful for everyone involved.
Preparing for the Future: Legal Protections and Agreements
While navigating the legal and emotional aspects of starting a common-law relationship before your divorce is finalized, it’s also important to prepare for the future. Establishing legal protections and agreements can protect both partners in a common-law relationship.
A key aspect of these legal protections is having a will. For common-law relationships, ensuring that their assets and wishes are upheld after their passing becomes crucial, given the lack of being legally recognized for common law marriages same-law partnerships in estate division as compared to marriages.
In the event of a common-law partner passing away without a will, their estate will be distributed in accordance with default provincial regulations, which typically prioritize legally married couples, spouses and then children. Common-law partners may not automatically get a share of the estate and may need to rely on a judge’s discretion based on their specific circumstances.
In Quebec, for instance, the surviving common-law partner or legally separated spouse is not entitled to any inheritance in the absence of a will, as the legal recognition of common-law spouses for estate inheritance purposes differs from that of legally married spouses. Therefore, it’s important for common-law partners to create a will to ensure that their wishes are honored after their passing.
Summary
Entering a common-law relationship before your divorce is finalized can bring a host of legal and emotional challenges. From navigating the divorce process and potential repercussions to maintaining open communication with your ex-spouse, preparing for the future, and managing the emotional aspects, it’s a complex journey. However, by seeking legal advice, fostering open communication, and prioritizing emotional well-being, you can navigate this journey with confidence and protect your rights and interests.
Frequently Asked Questions
Are common law partners entitled to anything?
In Ontario, common law partners have limited property rights, but they may be entitled to share certain property and receive spousal support if the relationship ends. The guidelines for spousal support in both common law spouse in-law relationships are outlined in the Family Law Act.
How long do you have to live together to be common-law in Canada?
In Canada, the duration for a relationship to be considered common law varies by federal and provincial laws, with some requiring two years of cohabitation and others only one year or even less. Keep in mind that the specific time frame can depend on the region.
How do I prove my common-law partner in Canada?
To prove your common-law partnership in Canada, you can provide a declaration of common law partnership, statements of shared joint bank account or accounts, shared credit/debit cards, and evidence of mutual ownership of property, as well as shared ownership of residential property, joint leases or rental agreements, bills for shared utility accounts, and important documents showing the same address. These documents can serve as proof of your common-law relationship.
Can I claim single if I am common-law?
No, if you are in a common-law relationship, you should not claim single on your tax return as it is considered tax fraud. The CRA considers common-law couples as married couples for tax purposes.
What qualifies as a common-law partner?
In Canada, a common-law partner is typically defined as one spouse of a couple living together but not considered married for family law purposes, regardless of the duration of the cohabitation. This includes couples who have lived together continuously for three years or are in a relationship of some permanence and are parents of a child.
