Introduction
Part of the Family Structure group of Concepts, Common-Law union discusses the definition and data methodology for specifying Common-Law union between two people, and the start and end dates of this relationship.
Definition and additional background information
-
A Common-law Union in Manitoba is formed by two individuals that are not legally married but live as common-law partners. Common-law partners can be registered in the Manitoba Common-law Registry or not.
According to the Manitoba Vital Statistics Branch “On June 30, 2004, The Common-Law Partners Property and Related Amendments Act came into effect. This act creates new property rights and obligations for people in common-law relationships, including same sex relationships.
As a result of the legislation, laws in Manitoba affecting the property rights of married couples now also apply to unmarried couples or common-law relationships. This means that 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.
The act creates a new registry at the Vital Statistics Branch that gives common-law partners (who are adults living in Manitoba) the opportunity to register their relationship, if they wish to do so. Once a relationship is registered, all the major property laws immediately apply to the couple in the same way they apply to married couples.
Registration is completely voluntary. Common-law couples are not required to register. However, even if a couple does not register, the property laws will apply to them after they have lived together, usually for three years. In some cases, though, it is less than three years. You should consult a lawyer to find out what the time period is for your situation.
A registered common-law relationship can only be terminated by registering a dissolution, and only once the couple has lived apart for at least one year. 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.
While some rights and responsibilities end when you stop living together, or when the relationship is formally terminated, others continue beyond termination.” (Source: Manitoba Vital Statistics Branch - Common-law Registry web page - https://vitalstats.gov.mb.ca/common_law.html - accessed February 20, 2024)
Common-law Unions in the Manitoba Health Insurance Registry
Two people registering as Family Head and Common-law Spouse under the same family registration number (Regno).
Methods
-
Common-law Union as defined based on the Manitoba Health Insurance Registry (the Registry):
-
Death of one or both spouses.
-
Cancellation of coverage of one spouse.
- Change in Regno of one or both spouses.
Two people jointly registered under the same Family Registration number (REGNO) as Family head (RELCODE = ‘1’) and Common-law Spouse (RELCODE = ‘3’).
The start of the Union is considered to be the earliest date of joint registration.
The end of the Union occurs at the earliest of:
Marital status is an individual characteristic, so a change in marital status affects both spouses simultaneously.
Cautions / Limitations
-
Changes in marital status are complicated. A spouse who goes into the military or RCMP, or prison, has their Manitoba coverage cancelled. This does not necessarily mean the marriage has ended. End of joint registration for reasons other than death may not indicate end of union. In the case of one spouse entering the military, RCMP or federal correctional institution, registry coverage ends.