A common law relationship is one where two people are living together in a conjugal (married-like) relationship without having been legally married. The two people can be of the same or of the opposite sex. No legal formalities are required. It is not a legal marriage. If you are in a common law relationship, separation ends the relationship – you do not need a divorce. Federal and provincial laws, employers, insurance plans, and pension plans may set out different policies for recognizing a common law relationship. The amount of time you must live together before you are entitled to certain rights depends on the situation.
A marriage is a binding legal contract which affects legal rights and responsibilities. In Newfoundland and Labrador, the legal requirements for getting married can be found in the Marriage Act. This Act can be accessed here: http://www.assembly.nl.ca/legislation/sr/annualstatutes/2009/m01-02.c09.htm. Divorce is the only way to legally terminate the marriage.
The Family Law Act sets out rules for dividing property and debt for married couples, but not for common law couples (unless the couple has opted into the Act through a contract).
Supreme Court of Newfoundland and Labrador
309 Duckworth Street
P.O. Box 937
St. John’s, NL
A1C 5M3
Tel: (709) 729-1137
E-mail: inquiries@supreme.court.nl.ca
The Supreme Court of Newfoundland and Labrador is the province’s superior trial court, and is comprised of a General Division and a Family Division. The Supreme Court has the authority to hear a wide range of cases including civil, family and criminal matters. The Supreme Court also hears appeals in certain matters and applications for judicial review.
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