Common Law Saskatchewan
In Saskatchewan you are considered common law once you have lived together for two years.
The same rules relating to the division of property at the end of a relationship apply to married and unmarried partners in Saskatchewan under the Family Property Act.
When it comes to spousal support in Saskatchewan, there is no difference between how married partners and common law partners are treated.
Child Support & Child Custody
Child support and child custody are determined using the best interests of the child, which means that the legal status of the child’s parents is irrelevant to these issues.
In all provinces when you get married, your will is automatically invalidated. The thinking behind this is that the will was made before you had the chance to think about your new spouse, and you’d likely want to give your new spouse some or all of your estate.
Saskatchewan takes this one step further. When you become common law partners after living together for two years, your will is automatically invalidated. So, as you approach common law status on the second anniversary of living together, you should consider getting a new will drafted. Similarly, if you move to Saskatchewan and have been in a common law relationship for more than two years, our will is automatically invalidated.
Common law and married partners have the same legal rights and obligations when it comes to estates in Saskatchewan.
You can always change the legal regime that governs your relationship by entered into a cohabitation agreement in Saskatchewan.
In Saskatchewan, married couples and common law couples have the same legal rights and obligations.