Are you wondering if you are in common law in Saskatchewan? If so, it’s probably time to create a cohabitation agreement. This is sort of like a “prenup” when moving in together.

Saskatchewan law recognizes common law relationships as legally equivalent to formal marriages. This means common-law couples have the same legal rights and obligations as married couples regarding property division, child custody, and support. Understanding the differences between common law and marriage in Saskatchewan is essential to protect your legal rights.

The Evolution of Common Law Rights in Saskatchewan

Under The Family Property Act, common law couples in Saskatchewan are entitled to a share of property acquired during the relationship, regardless of whose name is on the title. Each partner’s contributions to property acquisition and maintenance are considered, which can affect how the property is divided.

Divulging property can be complicated and often contentious. Regarding child custody and support, The Children’s Law Act states that the children’s best interests are paramount in any custody and access arrangements.

Federal Child Support Guidelines

The Federal Child Support Guidelines, which apply to married and common law couples, provide a formula for calculating child support payments based on the paying parent’s income and the number of children involved. The amount of support can be adjusted depending on the children’s needs and the parenting arrangements.

Like married couples, common law partners may be entitled to spousal support in Saskatchewan. The length of the relationship, each partner’s income and financial needs, and the roles each partner played during the relationship are all considered when determining spousal support. It’s important to note that spousal support is not automatic in Saskatchewan, and a partner must claim for it if they believe they are entitled to it.

Saskatchewan common-law couples

If you are considering separation, it is highly recommended that you enter into a separation agreement with your partner. A separation agreement is a legal document that sets out the terms of your separation, including property division, child custody and support, and spousal support.

A separation agreement can help you avoid costly and time-consuming litigation and provide you with peace of mind, knowing that your legal rights and obligations are protected. In Saskatchewan, common law couples have the same legal rights and obligations as married couples regarding property division, child custody, and support.

There are essential differences between the two, and it’s crucial to understand your legal rights and obligations if you are in a common-law relationship. Seeking legal advice and entering into a separation agreement can help you protect your legal rights and avoid future legal disputes.

Family lawyer in Saskatchewan

In common law, you have rights and obligations under family law. For some reason, there are a lot of rumours about common law. Some say you must live together for two years before becoming common law. In reality, many factors determine if you are common law.

You can hire a family lawyer in Saskatchewan to give you legal advice about your rights and obligations. If you are in Saskatchewan and need a cohabitation or separation agreement created, contact us.

Common-Law Saskatchewan Partners

Another area where people get confused is the terms used about common law. Some people call themselves:

• common-law partners
• in a common-law relationship
• living common law
• a common-law spouse

In reality, there is no such thing as a common-law spouse. Being in a common-law relationship is the most accurate term. You must see our separation agreement page if you are going through a separation during common law.

Lawyers can help with:

• separation or divorce
• legal strategy
• filing for divorce
• child support

Why it’s Important to Draft a Cohabitation Agreement Properly

Common-law partners will have legal issues if things do not go as planned. Below are some things you might have to hire an SK family lawyer to help you deal with:

• Who gets the family home?
• Will one of the partners pay spousal support to the other?
• How will the family property be divided?
• If you have a child, you must calculate child support. Also, this is true even if you are not common law.
• Child custody and the parenting plan

Pro Tip About Common Law Saskatchewan:

“A cohabitation agreement is not the same thing as a marriage agreement. Therefore, if you get married, you will need to change the format of your agreement. However, most of the terms will be the same.”

How a lawyer helps in drafting a Cohabitation Agreement

The lawyer will provide you with a free consultation. They will then ask you questions to learn more about your situation.

Once they understand what’s going on, they will provide you with legal advice. The lawyer will then go ahead and draft the cohabitation agreement.

When the agreement is done, they will send you the draft. You will review the draft agreement to make sure it’s good.

Once ready, you or your lawyer can send the draft to the other common-law spouse. The other spouse will then have to get independent legal advice.

Consult with a lawyer to draft a cohabitation agreement.