At what point are two people considered to be common law partners?

Laura Smith

For family law purposes there are two scenarios: in the first, two people have continuously lived together in a conjugal relationship for three or more years would be considered Common Law partners in Ontario.

And the second scenario?

If a couple has a child together, and it doesn’t matter if they had the child through birth or adoption and has been in relation of some permanence, they’d also be considered common law partners in Ontario.

In the first scenario you mentioned living together for three years in a conjugal relationship, does this just mean an intimate relationship?

A conjugal relationship is more than just a physically intimate relationship, before a relationship can be considered a conjugal relationship there must be other factors involved such as an emotional connection, or there could be shared finances, as well as other things on top of the physical intimacy and the fact that the couple lives together.

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