Living common-law / cohabiting
In Saskatchewan a couple including same-sex couples who cohabit in a conjugal relationship for more than two years have the same rights, responsibilities and entitlements as a couple that is married.
In most cases it is simple to determine if the couple has cohabited more than two years. However, sometimes it can be far more complicated. For example, a couple may have two addresses but spend every night together and one has effectively moved in with the other. Sometimes it is difficult to determine when a couple started the cohabitation but things such as their intention, sharing of finances, and how they held themselves out to others are important.
Once a couple is found to be living together then both partners have the same rights and responsibilities for claiming family property as if they had been married starting two years after the date of cohabitation.
WARNING! You must issue a Petition in Court to claim division of family property within two years from the end of cohabitation or you lose your rights.
Children and Common Law
When it comes to children, it does not matter whether a couple is married, lives together or simply had a child together. Both of them have the responsibilities of being a parent including financial obligations to pay support and the child has a right to have both of their biological parents involved in their lives. This means that both parents will have the ability to claim parenting time with any children.
If a couple has never lived together, the person with whom the child lives will have decision-making power for that child unless the parents agree to something else or a Court makes an Order.