A 12-month period of continuous cohabitation is a key requirement for common-law status at the federal level in Canada。
Federal law (12-month rule)
For federal government purposes, you are considered to be in a common-law relationship if you meet one of the following criteria:
- You have lived together in a conjugal (marriage-like) relationship for at least 12 continuous months.
- You are the biological or adoptive parents of a child.
Provincial and territorial law (varying rules)
In most other legal contexts, such as those related to family law, property division, and spousal support, the definition of a common-law relationship is determined by each province. In many cases, these rules require a longer cohabitation period than the federal 12-month rule.
Provincial examples for family law
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: Two years of living together in a marriage-like relationship.British Columbia
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: Three years of cohabitation in a relationship of interdependence, or a shorter time if you have a child together or have a signed Adult Interdependent Partner agreement.Alberta
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: Three continuous years of cohabitation, or one year if you have a child together.Ontario
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: At least three years of living together, or one year if you have a child. Couples can also register their relationship sooner.Manitoba
Proving common-law status
To demonstrate your common-law status for official purposes, it is important to provide documentary evidence of your cohabitation and shared life. Examples of supporting documentation include:
- Joint bank account statements
- Shared residential leases or mortgages
- Utility bills with both names
- Shared insurance policies
- A statutory declaration of your common-law union
