It is possible that you are living with somebody happily and you are not legally married. For many couples, it is common that they are happily living together under common law in Canada.
In Saskatchewan, two people or individuals who have been living together for a certain period and share responsibility, including children and finance, are considered common law.
In the following discussion, we’ll try to give you a clear overview of common law in Saskatchewan.
When are You Considered Common Law in Saskatchewan?
So what actually is a common law, and how it works?
In Saskatchewan, common-law refers to a person living together for two years together. The couple or the concerning parties may not be legally married, but the relationship between the two-person may be inspired by conjugal or mutual understanding.
Let’s move on with more understanding…
How long do you need to live together and claiming
Normally, if any couple lives one year together, the law may consider themselves as common law. It is not always necessary that they are legally married, but there should be a certain level of mutual communication to prove the relationship valid.
It is also a better claim that the couple has shared responsibility and brought up the children together.
The Claiming
To claim as common law in Saskatchewan, you need to prove the requirements. That is, you need to live together for two consecutive years with interdependency on each other to be considered common law.
However, the common-law status may differ depending on the state or province’s immigration, tax and state planning.
Under any circumstance, you need to follow the CRA (Canada Revenue Agency) guideline to adjust your marital status for taxation.
To be more clear and to claim your common law rights, you can take consultancy from a common-law lawyer.
Changing Marital status
For changing marital status in Saskatchewan, you need to prove that you have a cohabitation agreement or live with the children and have shared responsibility.
Your Intention
You need to prove that your intention of living together is to share each other lives, emotional commitment and financial interdependency.
You can ask for common law in Saskatchewan by proving the issues mentioned above. The process may seem difficult at some point, but you can always follow the guideline provided by your state or maintain the CRA guidelines.
Don’t do these in common law
There are certain laws to protect the partnership and rights of the parties if one couple does not fulfil the responsibilities. The act helps certain alliances to protect the rights, financial property and take care of the children when the duties are divided.
Here, the law came into play to protect the rights of your children in the case of failure of the relationship to save the kids from a mental breakdown.
In the case of Separation
It is difficult to separate or dismiss the common law, and complications may arrive on children and assets distribution. Tough the family law act protects common law couples’ individual rights.
After two years of living together, you can separate from your spouse and end the common law. In that case, you need to move from your partner permanently. And after the passing of the three months, you can go for the change of your marital status.
Final Thought
The common law in Saskatchewan is considered when any couple lives together for two or more years, maintaining some mutual cooperation and sharing responsibilities.
After the passing of two years, you can terminate the common law relation by following the rules and regulations.
