A loving relationship between a man and a woman can take many forms. You can live together under the same roof for as long as you want. Or you can tie the knots with a ceremonial marriage.

Living together and marriage are two different things, and living together means being common-law partners under the common law of Saskatchewan. It is very different from being a married couple.

So, what’s the difference between marriage vs. common law marriage? This article will try to define the two terms first. Then, we will see some key differences between them.

What Is Marriage?

Marriage is the legalization of a relationship. It requires a judicial officer or clergy to carry out the processes. You can complete this according to your religion. Also, you can complete the process in the courthouse or city hall.

After your marriage, the court will issue a marriage license. It means that you and your spouse are now a registered married couple. You will need this certificate to enjoy several legal benefits.

What Is Common Law Marriage?

A common law marriage means being legally married without having a marriage license. There are several requirements for common law marriage. The court recognizes common-law marriage only after fulfilling them.

A couple must be living together for more than a year. This period must be a continual setting. It means that there cannot be any on and off togetherness.

The couple must also promote themselves as a married couple. Having a joint bank account and assets can improve the conditions.

Finally, a couple must involve in a conjugal relationship. This means that there must be more than sexual involvement between the couple.

Marriage vs. Common Law: 5 Key Differences

There are many legal differences between the two types of relationships. The following 5 covers all the topics of the difference.

The Difference in Legal Status

There is no legal status of living together. The couple can call themselves a common-law partner. But first, they must fulfil the requirements. You can also sign a Cohabitation Contract. This contract outlines the facilities and supports between a couple living together.

A relationship gains legal status from marriage. The marriage certificate confirms the validity of the relationship. Also, you get access to several legal services as a married couple.

Banking Sector Facilities

As a common-law couple, you do not get access to your partner’s personal bank account. This means that the money from the account will go to your partner’s estate after death. But having a joint account gives both of you access to the account. You can still continue paying money from the account after the end of the relationship.

A joint account is always owned by both the legally married couple. The account goes to the other spouse when one spouse dies. You may also get access to any personal accounts after the death of your spouse.

Involvement of Children

There is no difference between marriage and common law marriage involving children. Child support, child custody, and guardianship are the same for both type of marriages. But the nationality rules can be quite complicated. You should consult with your lawyer about this.

Division of Assets

Any asset ownership and division are quite complicated for common-law partners. If you have bought property before the relationship, it will remain in your name. Then, you and your common-law partner might buy properties together. If you buy them from a joint account, you both are entitled to the property. But there could still be problems with asset division. The court will only consider joint ownership in such situations.

The division of assets in marriage is simple. The court will decide on the financial settlement during a divorce. Having a prenuptial agreement would definitely help in the process.

Ending the Relationship

As a common-law couple, you can separate anytime you want. All you have to do is say that you want to end things. There is not much hassle on this. If there are pre-agreements of child support, child custody, and asset division, all is well. No prior settlement means you must fight your case in court.

You can also end a marriage just by separating from one another. But this is the informal way of ending the relationship. You must formally apply for a divorce to separate from a legal marriage.

Conclusion

Marriage vs. common law marriage is an important thing to understand. There are several differences between them.

The most important difference is the legal facilities. There can be many legal confusions between you and your partner.

It is always best to continue consulting your lawyer during tough cases. The legal system changes decisions every now and then. A lawyer will give you the best suggestions.

See more: Major vs. Minor Injuries: What Are The Differences Between Them?