New Brunswick: Common Law Province

In New Brunswick, Canada, a common-law relationship is defined as a couple cohabiting in a conjugal relationship without being legally married. To be considered common-law, a couple must live together for a minimum of three years, unless they have children together or a cohabitation agreement, in which case the timeframe may be shorter. Common-law couples in New Brunswick have different rights and obligations to married couples, including not having the same property division laws or the ability to file taxes jointly.

Common-law marriage

A common-law relationship in New Brunswick is defined as a couple living together in an intimate relationship without being legally married. This is different from how common-law relationships are defined in Ontario and Quebec.

To be considered common-law in New Brunswick, a couple must live together for three or more years. However, this timeline can be altered by legal agreements and children. For instance, the Canadian Revenue Agency (CRA) recognises couples as common-law after just one year of living together. If a couple has a child together, they are automatically considered common-law, regardless of how long they have lived together.

In New Brunswick, same-sex couples have the same rights as other people living together in a family relationship. All children are legitimate, including those born to unmarried parents, and will have the same legal status as children of married couples.

There are significant differences between the legal rights and obligations of common-law partners and married partners in New Brunswick, especially regarding property rights upon separation or death. Common-law couples do not have the same rights to property division as married couples. When a common-law couple separates, assets are not divided evenly but according to who originally owned them.

A cohabitation agreement can be made to protect assets in the event of a separation. This is a legally binding document that outlines a couple's intentions and expectations for living together and what should happen if they separate. It is recommended that a cohabitation agreement is written before a couple moves in together.

Common-law partners in New Brunswick have the same rights to spousal support as married couples. After three years of living together, a common-law partner can claim spousal support in the same way a married couple can.

Common-law rights

In New Brunswick, a common-law relationship is defined as a couple cohabiting in a marital relationship without being legally married. This means that common-law couples are not required to undergo any specific formalities, such as a religious or civil ceremony, to initiate their relationship. Instead, their relationship is simply recognised by living together.

Rights and Responsibilities

Common-law couples in New Brunswick have different rights and responsibilities compared to legally married couples. Here are some key points regarding their rights:

• Time Requirements: Common-law relationships are recognised from the first day of living together as a couple. However, to acquire certain rights and obligations as a couple, they must live together for a specified period, which can vary depending on the context. For example, the Canada Revenue Agency (CRA) and New Brunswick law require a couple to live together for three years to be considered common-law, while federal law sets this period at one year.
• Financial Support: Common-law partners in New Brunswick can claim spousal support after living together for three years, or one year if they have a child together. The amount of spousal support is determined based on factors such as the length of their relationship, the ability to support themselves, and any contributions made to the other's career.
• Child Support: All children, regardless of whether their parents are married or in a common-law relationship, have the same legal rights. This includes the right to financial support from both parents. The parent who does not have majority custody typically pays child support to the custodial parent.
• Property Ownership: Common-law couples do not have the same property division rights as married couples. Each partner typically owns the property they bring into or buy during the relationship. However, if a couple has jointly purchased or contributed to property, they may need to decide on a division or sell it and split the proceeds.
• Taxes: For tax purposes, common-law partners can claim the same credits as married couples after living together for at least 12 continuous months or if they have a child together. However, common-law couples are not allowed to file taxes jointly and must file their own individual taxes.
• Healthcare Decisions: If a common-law partner wants their significant other to make personal healthcare decisions on their behalf, they must be named as an attorney in a Power of Attorney for Personal Care and/or as a proxy in an Advance Healthcare Directive.
• Debts: Unlike married couples, common-law partners are generally not responsible for each other's debts unless they have co-signed or agreed to pay for them.
• Cohabitation Agreements: Common-law couples can protect their interests by entering into a domestic contract called a cohabitation agreement. This written agreement outlines their rights and responsibilities, including property ownership and division, but cannot include child custody or access arrangements.

Differences from Married Couples

It is important to note that common-law couples in New Brunswick do not have the same rights as married couples in certain areas. For example, they do not have the right to an equal share of marital property, and they cannot file taxes jointly. Additionally, common-law relationships cannot be transformed into legal marriages simply by the passage of time.

Common-law vs. marriage

In New Brunswick, a common-law relationship is when two people live together without being legally married. Unlike married couples, common-law couples are not required to undergo specific formalities or have witnesses. Instead, they simply start living together.

There are significant differences between the legal rights and obligations of common-law partners and married partners in New Brunswick, especially regarding property rights upon separation or death. Common-law couples do not have the same property division laws as married couples. When a common-law relationship ends, each party typically keeps what they brought into the relationship or bought during it. There is no presumption of equal division of property, and assets are not divided evenly but according to who originally owned them.

To be considered common-law for spousal support purposes in New Brunswick, a couple must have lived together for three or more years. However, if the couple has a child, the obligation to support each other arises after one year of living together. The amount of and entitlement to spousal support is the same for both married and common-law couples.

Child support and child custody laws are the same in New Brunswick, regardless of whether the couple is married or not. All children are equal under the law, and children of unmarried couples have the same rights as children of married couples.

Unlike married couples, common-law couples do not have to go through a divorce procedure to end their relationship. Instead, they simply stop living together.

Common-law separation

In New Brunswick, a common-law relationship is one where two people live together in an intimate relationship but are not legally married to each other. To be considered common-law, a couple must live together for three years or more, although this timeline can be altered by legal agreements and children.

To end a common-law relationship, the couple simply stops living together. However, legal obligations may have arisen during the relationship, particularly where the couple has children or one partner has been financially dependent on the other. If the couple has a cohabitation agreement, they may already have decided what will happen upon separation. If not, they may want to enter into a separation agreement to set out their rights and obligations to each other. This can include ownership and division of property, support arrangements, and custody and access of the children.

In the case of a common-law separation, the government treats child support and custody the same as for married couples. However, common-law partners do not have the same property division laws as married couples. They are not given rights to the other person's property or inheritance. Any property that a person brings into or buys during the relationship is typically considered their own. If a common-law couple breaks up, the person who has paid for an item or whose name is on the deed may be the only one entitled to it. However, if the property was purchased, developed, or maintained with the contribution of the other partner's labour, time, or money, they may be entitled to some of it. The courts use a legal doctrine called 'constructive trust' in these cases.

To prepare for a potential common-law separation, it is recommended that couples create a cohabitation agreement before moving in together. This is a legally binding document that outlines the couple's intentions and expectations for living together and what should happen if they separate. It can include issues such as ownership and division of property but cannot include child custody or access. Each person should consult their own lawyer to ensure their rights and responsibilities are protected.

Common-law spousal support

In New Brunswick, spousal support, also known as alimony or maintenance, can be requested by either married or common-law partners following the breakdown of a relationship. To be eligible, a common-law couple must have lived together for three years, with one person being substantially dependent on the other. Alternatively, they must have lived together for one year and have had a child during that time.

The amount of spousal support depends on need and ability to pay. A judge will look at several factors, including:

• The length of the relationship
• The education of both parties
• Income levels of both parties
• Net worth of both parties
• Employment history of both parties
• Financial consequences of separation
• Whether one person was financially dependent on the other during the relationship

Spousal support is considered taxable income for the person receiving the payments. The spouse making the payments may be able to claim them as tax deductions.

In New Brunswick, common-law couples are treated the same as married couples when it comes to spousal support. However, it is important to note that common-law couples do not have the same property division laws as married couples. In the event of a separation, assets are not divided evenly but according to who originally owned them.

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