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In Saskatchewan, the dynamics of family law are evolving to accommodate the diverse ways people form and dissolve relationships. Common law separation is a growing area of focus for many couples who may not have legally formalized their relationship through marriage but still need to attend to the legal matters surrounding their separation, such as division of property, financial support, and shared parenting arrangements. There may be complexities related to a common law separation that people do not consider until they begin to unravel their shared lives and intermingled property and finances. Here’s a comprehensive look at what you need to know about common law separation in Saskatchewan.
What Defines a Common Law Relationship in Saskatchewan?
In Saskatchewan, a common law relationship is defined as a domestic partnership where two individuals live together in a conjugal relationship and have done so for a continuous period of at least two years. This can also include couples who have a child together and are living in a relationship of some permanence. There may also be other unique situations wherein a couple is deemed as common law, despite not having lived together continuously for two years. If you feel you are in a common law relationship but have not lived with the other person continuously for two years and are not parents together, consider discussing your situation with a lawyer for further and more specific legal analysis. Unlike married couples, common law partners do not automatically have the same legal rights and responsibilities. However, when it comes to separation, the law does provide certain protections and mechanisms to help ensure fair outcomes.
Legal Rights of Common Law Partners
While common law partners are not married, they do have rights under Saskatchewan law. These rights are primarily concerned with property division, financial support, and co-parenting. The Family Property Act in Saskatchewan addresses the division of property for common law couples. It can be quite similar to what it is for married couples, but there are important distinctions:
1. Property Division in Common Law Separations
In common law relationships, property division can be more complicated than in marriages. The Family Property Act provides a framework for dividing property accumulated during the relationship, but this often requires proving contributions made to the acquisition, maintenance, and improvement of property. Common law partners, unlike married couples, may need to demonstrate their contributions to claim a share of the property.
2. Spousal Support in Common Law Relationships
Common law partners may qualify for spousal support if they can demonstrate that they were in a long-term relationship and that one partner requires financial support. The courts will consider factors such as the length of the relationship, the roles each partner played, and their financial situations.
3. Co-Parenting and Child Support for Common Law Parents
When children are involved, common law parents have the same responsibilities and rights regarding co-parenting and child support as married parents. The best interests of the child are the primary consideration, and the courts will seek to ensure that both parents fulfill their obligations and that the child’s needs are met.
Steps to Navigate a Common Law Separation in Saskatchewan
Separating from a common law partner involves several steps, each of which requires careful consideration. It is often helpful for people who are separating from a common law relationship to seek legal advice.
1. Understand Your Rights
Before proceeding with separation, it’s important to understand your legal rights and obligations. This involves understanding property division, spousal support, and co-parenting matters. You may wish to consult with a family law lawyer to help inform decisions related to the common law separation.
2. Negotiate a Separation Agreement
A separation agreement is a document outlining how you and your partner will handle the division of property, spousal support, and co-parenting. A mediator, lawyer, or other dispute resolution practitioner can assist in negotiating this agreement. Depending on your unique needs, it may be important that the separation agreement is legally enforceable. Consulting with a lawyer will help ensure the separation agreement meets the applicable legal requirements and is within the framework of the family law parameters.
3. Mediation and Collaborative Law
Mediation and Collaborative Law are effective methods for resolving disputes amicably. Mediation involves a neutral third party who helps both partners reach a mutually beneficial agreement. Collaborative Law involves both parties and their lawyers working together to resolve issues cooperatively, with a commitment to keep the matter out-of-court. These approaches often help people reach outcomes that are more sustainable and satisfactory than the outcomes reached through litigation.
4. Formalize the Agreement
When a separation agreement has been reached, it can be formalized in writing and lawyers can provide independent legal advice to the people involved. This helps to ensure the agreement is enforceable and that both parties will follow through with the commitments they made in the agreement.
Common Challenges in Common Law Separation and How to Avoid Them
Navigating common law separation has its challenges. Here are some common issues people encounter and tips on how to avoid them:
1. Lacking Information about Legal Rights
Many people in common law relationships are unaware of their legal rights and obligations. This can lead to unfavourable outcomes. People who are in the process of separating from a common law relationship are encouraged to get information about their rights. You can get informed either from a free source, such as PLEA (Public Legal Education Association) or the Family Law Information Centre, or through a legal professional.
2. Failure to Document
Proper documentation is essential for ensuring that agreements are enforceable. Whether it’s property division or spousal support, having a well-drafted agreement can prevent future disputes.
3. Underestimating Emotional Impact
Separation can be emotionally challenging, and it is important to consider not only the legal aspects but also the emotional impact on yourself and your family. It is often important for people to receive support from their family and friends during the separation process. Support from mental health professionals can also be crucial after the separation.
4. Ignoring Tax Implications
The division of property and spousal support can have tax implications. It is important to consider these implications when negotiating a separation agreement to avoid unexpected financial burdens. A lawyer can help alert you to these considerations or you can seek out a separation financial expert to get the information you need.
Hire a Family Lawyer for a Common Law Separation in Saskatchewan
Though people can navigate a common law separation without professional help, many find it beneficial. Legal professionals can help you understand your legal rights and obligations in family law matters, and negotiation professionals can help you reach mutually beneficial and satisfactory agreements.
Common law separation in Saskatchewan involves unique considerations compared to legal marriages. Understanding your rights, the legal framework, and the process involved is helpful to achieve a positive outcome.
Need help navigating a common law separation in Saskatchewan? Our experienced family law lawyers and mediators are here to guide you in reaching informed, sustainable, and satisfactory agreements. Contact us today for a consultation.
Additional Resources:
Law Reform Commission of Saskatchewan | Common Law Relationships
Government of Canada | Marital Status
Government of Saskatchewan | Family Property Act
Government of Saskatchewan | Family Law Information Centre
Collaborative Professionals of Saskatchewan | About the Team
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