For workers subject to provincial legislation (the majority of employees), the province has passed new pension benefits legislation, but it has not yet come into force. Under the new law, a spouse could be entitled to his or her spouse`s pension after three years (if one of the spouses is married) or one year (if neither spouse is married). At Kimball Law, we can help you protect your assets and income as part of an agreement. Whether it`s a cohabitation agreement you need before moving in with your new partner or spouse, or a separation agreement after your relationship fails, we can help. You should seek the advice of a lawyer before making a decision, if only to fully understand your rights and obligations. Mediation or counselling services can help you resolve issues, reach an agreement or decide what to do. Separation occurs when you are in a romantic relationship – in this case, a common law relationship – and you and your partner begin to live separately and are no longer „partners.“ Under the Canada Retirement Benefits Division Act, which governs federally regulated workers such as members of the Department of National Defence and the RCMP, a spouse can acquire pension rights from his or her spouse after one year of cohabitation. Under the Canada Pension Plan, a life partner must live with the other spouse for at least one year before being eligible for CPP credit splitting or a survivor`s pension. An application for CPP credit splitting must be submitted within four years of separation (there is no deadline for married spouses to apply). However, the separation process can be very complicated, whether the couple is legally married or living at common law. In many cases, it is advisable to conclude a separation agreement as soon as possible, as the agreement establishes and clarifies the rights and obligations of each spouse, including: Conversely, some partners believe that property held in their own name will never be shared with their life partner.
However, it is possible that life partners may have the right to participate in the property of the other spouse upon separation. This is based on each partner`s contribution to the relationship. For common law couples, it is important to consult a lawyer before living together to prepare a cohabitation contract to protect property. It is also important to seek independent legal advice during separation in order to know what rights and obligations you may or may not have and what should be included in a separation agreement. For most common law couples who jointly own real estate or other essential assets, they are actually divided 50-50. In fact, it`s not really a legal dispute to take your property when a relationship ends. There are situations where this may not happen automatically. For those who don`t want to get married but want to make sure things are right if the relationship ends, a cohabitation contract can be a great way to sort out the details of a breakup. Similar to a marriage contract, a cohabitation contract is a legally binding contract between the couple. It is signed before considering a breakup and outlines the details of what things will look like if the relationship ends. It can determine the details of parenthood, financial maintenance (alimony payments), division of property, and other issues the couple wants to solve.
When two people are married, certain property rights come into effect. In the event of separation or death, the spouse may apply to the court for compensation for the net family patrimony. This means that the parties divided half of the growth in asset value between the date of marriage and the valuation date, where the date of separation was the date of death. (There is a third way to balance, but it is rarely triggered.) If a person is unable to make a decision about health care, the Common Law Personal Policy Act treats common law couples in the same way as married spouses (provided they have had a conjugal relationship for at least one year). However, when decisions are to be made regarding organ donation, the Human Tissue Donation Act establishes a clear line between customary law and the married spouse, with only married spouses being able to donate their spouse`s organs. The division of property for unmarried couples is complicated. Nova Scotia does not have legislation on the division of assets and debts after the breakdown of a common law relationship. As a result, many people have misconceptions about their legal rights and make financial decisions in a way that is incompatible with their potential claim. The distinction between customary law and legally married persons is important when considering other laws. Two examples (among many others) are the Law on the Maintenance of the Family of Testators (TFMA) and the Law on Legal Succession (ISA).
„My common-law partner just cheated on me, so we separate. Will he still get half the house even though I made the down payment and paid most of the mortgage? No formal procedure is required to separate common law couples and there is no need for divorce. Common law couples can dissolve their association at any time without the need to take legal action. You must have at least one original copy of the separation agreement signed, attested and dated by both parties. You must file other court documents and pay a court fee to apply for registration of the agreement. In the case of family allowances, one or both parties must provide income information to the court, according to the financial terms. You should check with your district court to find out exactly what you need to file to register your agreement. Under the new law, called the Family Property Act, common law couples would have the same property rights as married couples and registered domestic partnerships. A separation agreement is a written contract between you and your partner to live separately under certain conditions.
A separation agreement typically includes sections on parenting agreements, support issues, and the division of property, assets, and debts. Like cohabitation agreements, separation agreements are usually drafted by lawyers. You and your partner should receive independent legal counsel to ensure that the agreement is right for you. Separation agreements are sometimes referred to as the „billing protocol.“ A common law relationship occurs when two people who are not married live together in a „marriage-like“ relationship. This means that they don`t just share a house, but call themselves spouses or partners in public and share things like bills and other finances. Whether you`re renting or owning your home with your common-law partner, deciding who is allowed to stay there can also be a crucial short-term decision. If you and your partner can`t reach an agreement, you can ask the court to decide who stays and who leaves. The court will consider the best interests of the children, if any, but if there are no children, it will consider practical issues such as alternative housing options and the effects of domestic violence. .