pokie said:
Hi guys, I need to understand something here. So if one was in a common-law relationship, a divorce certificate needs to be provided? If yes, how can someone get a divorce certificate if no wedding was done or paper signed? I thought a notarized letter would be fine,because that's what I put with my husband's sponsorship application. Please someone explain, so that i would know where to start from now. Thanks!
Under Canada's Constitution
A "divorce" is when a court officially ends a marriage and issue you a certificate. Only legally married couples can divorce.
But since the laws surrounding separation in common law relationship can be vague, and vary depending on the province you reside in and provincial or federal law, l believe you've done the right thing.
Separation
Separation occurs when a couple, married or common-law, no longer lives together as a couple. You do not have to see a lawyer, go to court, or have a ‘legal separation’ to be legally separated. You do not need the consent of your spouse or partner to start living separately. You are considered legally separated as soon as you and your spouse/partner start living ‘separate and apart’ from each other with the intention of separating.
Separation usually means living in separate places, but sometimes a couple stays in the same house even though their relationship has ended.
This may be for financial reasons or for the stability of any children involved. Each case is different so, depending on the circumstances of the case, a couple living under the same roof may be considered living “separate and apart”.
Some signs that a couple living under the same roof may be putting an end to joint activities include:
Staying in separate bedrooms
Cooking meals individually / doing laundry individually
Not sharing social activities
Whether you are in a common-law relationship or married, you will likely need legal settlement of your affairs during a separation, such as custody and access, child/spousal support, and division of property.
If there is a separation agreement, these issues may be resolved without having a judge decide them for you. However, it is likely that the issue will still go to court to have the judge make an order.
If there is no separation agreement, and the couple cannot agree on all the issues involving child support or custody and access, they can request the assistance of Family Justice Services, or apply to the court to have a judge decide the issues.
Divorce
Divorce is the legal end of a marriage. It does not end all of the obligations between spouses. It simply ends the legal relationship that was created when two people were married.
The Divorce Act is a federal law that applies to legally married couples. It does not apply to common law couples or other unmarried couples.
Therefore, l do not see the reason for divorce certificate in common law couples, l believe you are okay with what you have as Lamour said.
