Common-law relationships in Manitoba Totally Explained

Everything about Common-law Relationships In Manitoba totally explained

Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary; many of the laws apply automatically to any couple in the province after living together for several years.

Legislative history

In 2001, Manitoba enacted legislation extending the coverage of existing laws to same-sex couples, including changes to the following acts:

Family Maintenance Act (non-divorce support)
Dependants Relief Act (support from estates)
Civil Service Superannuation Act (civil servant pensions)
Legislative Assembly Act (pensions for MLAs--members of the Legislative Assembly)
Pension Benefits Act (provincially regulated pensions)
Teachers’ Pension Act (teachers’ pensions)
Fatal Accidents Act (death benefits)
Manitoba Public Insurance Corporation Act (death benefits)
Workers Compensation Act (death benefits)
Queen’s Bench Act (the court that hears support applications)

In 2002, amendments were made to 56 Manitoba laws by the Charter Compliance Act (covering such things as adoption rights and conflict of interests requirements).
Furthermore, "if a common-law couple separates, each partner is entitled to half the value of the property acquired by the couple during the time they lived together, just like married couples. It also means that if one of the partners dies, the surviving common-law partner has a claim to his or her estate."

Registration

Couples register by filing a form with the Manitoba Vital Statistics Agency. Both parties must be 18 or older, living in a conjugal relationship in Manitoba, and not married or party to another common-law relationship. Proof of identity is required, as well as proof of the death of a former spouse or common-law partner, or the dissolution of a previous marriage or common-law relationship.

Termination

According to the Vital Statistics Agency, "A registered common-law relationship can be terminated only by registering a dissolution, and only once the couple has lived apart for at least one year. If the relationship was never registered, it can be terminated only by living apart for a length of time, in many cases three years. The termination date affects some rights, such as the right to apply to court for a division of property. Either former partner has up to 60 days, after a dissolution is registered, to apply for an accounting and equalization of assets under the Family Property Act."Further Information

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