fbpx

What Does Common Law Mean?

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.

Frequently Asked Questions

At SettleNow.Online, we deal with separation and divorce differently. For most couples, divorce/separation is pretty simple. However, the legal system makes it complicated. Learn more about how SettleNow.Online works here.

Yes – if you want to go to court in Regina or Prince Albert you must engage in one of four early dispute resolution processes (mediation, arbitration, collaborative law or parenting coordination) before the court will allow you to bring a court application. A judge can waive this requirement in exceptional situations.

Yes – we will help you get an agreement which you can use to obtain your divorce.

Yes – whether you’re married or unmarried, our agreements can help you deal with questions arising from separation.

Our website provides you with basic information about settlement, and various aspects of divorce, how to approach divorce or separation.

Often people are not emotionally ready or are not certain as to whether divorce is for them and should consider seeing a family counsellor or other mental health professional about whether they should separate or try to stay together.

We do not provide legal advice but with legal information. Any agreement for dividing property must be reviewed and signed by a lawyer. We will help you with that process.
If you have a question we will get back to you within 24 hours on any technical issues that you may have. We use backup systems for when our technology is not working.

Yes – For any valid mediation or any valid contract, both you and your spouse will need to sign any documents either in person or electronically.

You do not need to use the same computer or be on a computer at the same time. You can access our site through any device at a time that works for you. Sometimes we will expect both of you to be electronically present at a meeting where everyone will attend through the use of online conferencing technology.

We provide basic information about the law in Saskatchewan and how it works. Specific legal questions need to be answered by a lawyer.
Unfortunately, if you’re unable to locate or get a hold of your spouse, we cannot help you. You may need to review this with a lawyer who can try to get you legal relief even when your spouse cannot be found.
No – we can put in our agreement how you will get your divorce, who will do it how you will share the cost.
We can provide you with a certificate of completion of mediation that will allow you to go to Court if you do not settle. However, if you are married you will need to go to court to obtain a divorce. This is simple if you have settled. If you are not married, you may never need to go to court.
Most often, people at the start of a divorce do not feel that they will be able to settle anything but once a proper mediation process is used, they find that they can settle everything. We can prepare a partial agreement to settle some issues and leave others to be resolved in other ways through a judge, arbitration, a parenting coordinator or through some other way. Sometimes, some issues never need to be settled.

The costs will depend on how complicated your case is.

An hourly rate will be charged plus PST and GST.

These fees do not include any out-of-pocket costs such as real estate appraisals, personal property valuations, or accountant’s advice which you will be expected to pay directly.

We will consider offering you a “Flat Fee” arrangement depending on your case.

Payment can be made by way of visa or other authorized credit cards, electronic transfer or cheque.

No, but if you have property outside of Saskatchewan different rules may apply. For some rights to exist you must have lived together more than two years.
Settle now is currently only available in Saskatchewan. We hope to expand soon.

Absolutely – and it may be the best way to go. Children are your most important concern. Your children will benefit if you and your spouse can agree.

Absolutely – we provide help gathering information, reviewing it and understanding it.

Absolutely – working together on farms and businesses is more effective because we can get the assistance of qualified financial professionals to review information.

Legal disputes over splitting a farm or business can be extremely costly and take years.

Yes – you can you SettleNow.Online, but it may be more difficult depending on where the children reside primarily. Get in touch with us to explore your options.

No. If there is a family property settlement you will require a lawyer to give you independent advice and perhaps for finalizing the transfer of assets.

Click here to learn more about whether you need a lawyer, how to find one, and more.

Choose a lawyer who has your best interests at heart. Check to see if they have training in mediation or collaborative law.  Make sure that the lawyer understands your goals and desire to settle. If they start talking about court early, question them about whether your case will ever go to trial.

Yes. If you need to discuss anything with your lawyer you should do so whenever the situation arises. They can also communicate with the mediator and review any documents that have been produced.

Your lawyer can attend any meetings you want them to at your cost.

Is Settle Now Online Right for You?

Take the free quiz to find out if Settle Now Online is the right fit for your situation. As a bonus, you will also receive our Moving Forward Guide via email.

*Estimated time to complete: 2-3 minutes

Enter your email address now to download The FREE

Moving Forward Guide

In this FREE Guide, you’ll discover and learn everything you need to know about the law, kids, support, and property.

We hate SPAM and promise to keep your email address safe.