Saskatoon StarPhoenix

THE KEYS TO UNDERSTAND­ING COMMON-LAW RELATIONSH­IPS IN SASK.

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Q: I’ve lived with my partner for two years. Are we common-law? A: Yes. In Saskatchew­an, if a couple has lived together in a spousal relationsh­ip for one moment longer than two years, the law considers them to be as good as married. Q: Married! What if I didn’t want to ever get married? A. Too bad. After two years of living with your partner, you are essentiall­y married. In Saskatchew­an, you don’t need to register with the government or take any other active step to acquire the legal status of spouses. The mere passage of time gives you all the rights and responsibi­lities of being married. Q: What rights and responsibi­lities? A: You can get benefits from work, tax breaks and the like. However, if you break up with your partner after living together for a moment longer than two years, you will be faced with the same division of property laws as a married couple, meaning in most cases your spouse is entitled to half. When it comes to spousal support in Saskatchew­an, there is usually no difference between how married partners and common-law partners are treated.

Q: What if we have kids? A: Child support and child custody are determined using the best interests of the child, status which of the means child’s the parents legal is irrelevant to these issues. Q: What happens to my existing will? A: If you lived with your partner for more than two years, write a new will. Your old will is null and void. Q: What if I don’t want to change my will or fork over half of my stuff? A: You can enter a “cohabitati­on agreement” similar to a pre-nuptial agreement.

Q: Wait — I’m married now? A: Yes. Sorry to break it to you. In Saskatchew­an, all it takes to get married is living together for two years. Your mom will be proud.

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