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 that common-law couples have the same legal rights and obligations as married couples when it comes to property division, child custody, and support.

It’s essential to understand the differences between common law and marriage in Saskatchewan 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 the acquisition and maintenance of property are considered, and this can affect how the property is divided.

As a result, the process of dividing property can be complicated and often contentious.

When it comes to child custody and support, The Children’s Law Act states that the best interests of the children are paramount in any custody and access arrangements.

Federal Child Support Guidelines

The Federal Child Support Guidelines, which apply to both 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 make a 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.

Same obligations as married couples

In Saskatchewan, common law couples have the same legal rights and obligations as married couples regarding property division, child custody, and support.

There are important 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 legal disputes in the future.

Family lawyer in Saskatchewan

When you are in common law, you have rights and obligations under family law.

For some reason, there are a lot of rumours about common law. Some people say you must be living together for two years before you are 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 you need a cohabitation agreement 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.

If you are going through a separation during common law, you will need to see our separation agreement page.

Lawyers can help with:

Why it’s important to properly draft a cohabitation agreement

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:

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 it’s ready, either 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 ClearWay lawyer to draft a cohabitation agreement.

Author: Alistair Vigier is the CEO of ClearWay Law

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Saskatchewan Common Law Partners: What to Know