Societal – how were the common law partners treated by their community; 6.Economic Support – were the unmarried parties economically interdependent; and 7. For instance in the Canadian case of Thauvette v Malvon, the common law parties had a 3-year relationship.Under Federal law, you can request a division of CPP benefits if you have lived together for 12 consecutive months.As well, if you have lived together for 12 consecutive months, the same income tax rules apply to married and unmarried couples.The court found that the man and woman were cohabiting. The Ontario Family Law Act requires 3 years of CONTINUOUS cohabitation for there to be a common law relatioship.
In British Columbia, there is no requirement of continuity. There’s no such thing as common law marriage in Canada. Your relationship is over when one of you says it’s over. Click here to find out the main similarities upon separation between marriage and common law relationships in Canada.
It really depends on the particular circumstances of the breakup.