People often refer to themselves as being in a “common
law” relationship, or being “common law” spouses,
but from a legal perspective, what does that actually mean? This
blog post will explore some of the key differences between a
“common law” relationship and a formal marriage,
focusing on the differences in the case of a separation.
Common Law Relationship
A “common law” relationship is not a technical legal
term for purposes of family law. However, many people, including
lawyers, may use this term in everyday conversations for
convenience. Generally, what people mean in Ontario when they refer
to a “common law” relationship is a couple that has
been living together for at least three years in a conjugal
relationship, meaning a relationship that is effectively the same
as a marriage. The reason that three years is used as a cut-off is
because that is when spousal support obligations kick in under
Ontario law.
