Are you wondering if you are 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. When you are common law, you have rights and obligations under family law.
For some reason, there are a lot of rumors about common law. Some people say you must be living together for two years before you are common law. In reality, there are many factors that 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. You can fill out the form on the side of this page. You can also call us. Finally, you can select a time to be called by a lawyer below. The best part is that our lawyers work remotely. This means they can help you via the phone, email, and video meetings.
Therefore, it doesn’t matter if you are in Regina, Saskatoon, Prince Albert or Moose Jaw.
SK Divorce Locations
- Regina Family Lawyer
- Saskatoon Family Lawyer
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:
- separation or divorce
- legal strategy
- filing for divorce
- child support
- matrimonial property
- uncontested divorce
- spousal support
- common law disputes
- legal representation
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:
- 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.
Once 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 yourself or your lawyer can send the draft to the other common law spouse. The other spouse will then have to get independent legal advice.
Will or a Trust And Other Legal Help
Consult with a ClearWay lawyer to draft a Cohabitation agreement.
Author: Alistair Vigier is the CEO of ClearWay Law