Not sure if your relationship with your partner is considered common law in Manitoba?
This article will help you understand what is considered common law in your province, how common law partners are legally recognized, the rights and responsibilities of common-law partners, and how marital status impacts property division, spousal support, and estate settlements.
What is common law in Manitoba
If an unmarried couple lives together for more than a certain period of time, they are generally considered common law partners. In Manitoba, the minimum time requirement for common law relationships is three years, but there are some exceptions.
When are you considered common law in Manitoba?
To be considered common law partners in Manitoba, you can either register your relationship with the Vital Statistics Agency or live together for a specific period of time;
- If you have a child with your partner, you are considered common law partners after living together for at least one year
- If you have no child with your partner, you are considered common law partners after living together for at least three years
How much does it cost to register your common law relationship in Manitoba?
It is not mandatory to register your common law relationship in Manitoba. However, if you choose to do so, application fees are listed on the Vital Statistics website as follows;
- Registration of Common-Law Relationship: $100.00
- Certificate or Certified Photocopy of Registration of Common-Law Relationship: $30.00
Legal rights of common law partners in Manitoba
In Canada, common law partners do not always have the same rights as married spouses, and are often not considered as heirs of intestate estates or as substitute decision-makers if their spouse lacks capacity.
What are the rights of a common-law partner in Manitoba?
According to Manitoba’s Family Property Act, both married spouses and common law partners have a legal right to an equal share of any property one or both partners have acquired during their relationship, no matter which one owns the property or where it is located.
This, along with the Intestate Succession Act, protects common law partners in cases of separation or intestate estates:
- If a common law relationship dissolves, each partner is entitled to half the value of the property acquired by the couple during the time they lived together, including pensions.
- If one partner of a common law relationship dies without a will, the surviving partner will receive all, or most, of their partner's property.
- If one partner of a common law relationship passes away with a will that ignores or neglects the surviving partner, the law can override the will to ensure that the surviving partner receives their fair share of the family property as a beneficiary.
Common law separation
According to common law separation rules in Manitoba, there are two ways to dissolve a common law partnership in Manitoba.
- If you’ve registered your relationship with the Vital Statistics Agency, you can only terminate it by registering dissolution after you’ve lived apart from your partner for at least one year.
- If you aren’t registered as a common law couple, you must live apart for at least three years for your relationship to be considered dissolved.
What is a common law separation agreement in Manitoba?
A common law separation agreement is a legally binding contract that outlines the rights and responsibilities of former common law partners after their separation. It typically covers the following areas:
Property Division and Debts
The agreement specifies how jointly owned property like real estate, vehicles, or investments and debts will be divided between partners.
Child Custody and Access
If you and your partner have children together, your separation agreement would outline parenting arrangements such as custody, visitation schedules, decision-making authority over the children, and more.
Child Support
If you share children, the separation agreement would also determine the amount of child support to be paid by the non-custodial parent based on the Child Support Guidelines, taking into account factors like income and parenting time.
Spousal Support
Spousal support depends on factors like the length of time you’ve been in a relationship, as well as other factors such as economic disadvantage to one partner or the degree of codependency between you. Because of such financial implications of common law relationships, your agreement may stipulate that partner support be paid from one partner to the other.
Common misconceptions
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