In Ontario, couples who choose to live together have two options when it comes to their legal status: they can either enter into a legal marriage or establish a common-law marriage. While both types of relationships involve a shared life together, there are significant legal differences between them. In this article, we will explore the main differences between a common-law marriage and a legal marriage in Ontario.
Definition and Recognition
A legal marriage in Ontario is a formal union between two people that is recognized by law. It is established through a formal ceremony and legal requirements, such as obtaining a marriage certificate and having the ceremony performed by a licensed officiant. The marriage is registered with the province, and the couple receives a marriage certificate.
A common-law marriage, on the other hand, is an informal relationship that arises when two people live together in a conjugal relationship for a certain period of time. The length of time required to establish a common-law marriage varies depending on the jurisdiction, but in Ontario, it is generally considered to be three years.
Formal Ceremony and Legal Requirements
Legal marriages in Ontario require a formal ceremony and legal requirements, such as obtaining a marriage license and having the ceremony performed by a licensed officiant. The couple must be of legal age and not already married, and they must provide proof of their identity and marital status. The ceremony must be witnessed by at least two people, and the officiant must complete and sign a marriage license, which is then registered with the province.
In contrast, a common-law marriage in Ontario does not require a formal ceremony or legal requirements. The relationship is established by living together for a certain period of time and presenting themselves as a couple in the eyes of the community. However, it is important to note that simply living together does not automatically establish a common-law marriage. The couple must meet certain criteria, including living together for a minimum of three years or having a child together.
Property Rights
Legal marriages in Ontario provide automatic property rights to both spouses in the event of a separation or divorce. This means that both spouses are entitled to an equal share of any property acquired during the marriage, regardless of who earned or paid for it. The property is divided based on the value of the assets, and each spouse is entitled to a share of the total value.
In difference, common-law spouses in Ontario do not have automatic property rights. Instead, they must prove their contributions to the relationship, either financially or through their labour, to claim an interest in any property acquired during the relationship. This can be a complex and time-consuming process, as common-law spouses must provide evidence of their contributions to the relationship and may need to go to court to establish their rights to the property.
Spousal Support
Legal marriages in Ontario provide automatic entitlement to spousal support in the event of a separation or divorce. Spousal support is intended to ensure that both spouses can maintain a standard of living similar to what they had during the marriage. The amount of spousal support is based on a number of factors, including the length of the marriage, the income of both spouses, and the needs of the recipient.
In deviation, common-law spouses in Ontario must prove that they are entitled to support based on factors such as the length of the relationship, their contributions to the relationship, and their ability to earn income. Common-law spouses may also need to go to court to establish their rights to spousal support, which can be a lengthy and costly process.
Division of Property and Assets
Legal marriages in Ontario provide for the equal division of property and assets acquired during the marriage. This means that both spouses are entitled to an equal share of any property, assets, or debts acquired during the marriage. The property is divided based on the value of the assets, and each spouse is entitled to a share of the total value.
In contrast, common-law spouses in Ontario must prove their contributions to any property or assets acquired during the relationship to claim an interest in them. This can be a complex and time-consuming process, as common-law spouses must provide evidence of their contributions to the relationship and may need to go to court to establish their rights to the property.
Child Custody and Access
Legal marriages in Ontario provide for the same rights and obligations regarding child custody (Decision-making Responsibility) and access for both spouses. This means that both spouses have an equal right to custody and access to their children, and both are responsible for supporting the children financially. If the parents cannot agree on custody and access, they may need to go to court to establish a parenting plan.
In contrast, common-law spouses in Ontario must establish their rights to custody and access through legal proceedings. This can be a complex and emotional process, as common-law spouses may need to go to court to establish their rights to their children. It is important to note that the same factors are considered in determining the best interests of the child in both legal and common-law relationships.
Legal Rights and Obligations
Legal marriages in Ontario provide for a range of legal rights and obligations for both spouses. For example,
- Both spouses have the right to make medical decisions for their spouse if they are unable to do so, and both have the obligation to provide financial support for their children.
- Legal marriages also provide certain tax benefits, such as the ability to transfer property and assets to each other without incurring taxes.
In contrast, common-law spouses in Ontario have fewer legal rights and obligations, particularly in the areas of property rights and spousal support.
- Common-law spouses are not automatically entitled to any property or assets acquired during the relationship, and they may not be entitled to spousal support unless they can prove their contributions to the relationship.
- Common-law spouses also do not have the same legal rights as married spouses when it comes to making medical decisions or transferring property and assets.
- It is important to note that the legal rights and obligations of common-law spouses can vary depending on the length of the relationship and other factors.