How Do You Prove the Date You Became Common-Law in Ontario?

There is no single document that proves it, and the date that matters depends on why you need it. The definitions differ: Ontario family support law looks for at least three years of continuous cohabitation, or a relationship of some permanence with a child together. For federal tax, the test is a conjugal relationship throughout a 12-month period, or being a parent of your child. Immigration uses at least one year of cohabiting in a conjugal relationship.

When partners disagree, a court weighs several factors together: shared shelter, sexual and personal behaviour, services, social activities, economic support, children, and how society perceived the couple. Living apart does not automatically rule out cohabitation, though the answer is fact-specific. Useful evidence therefore includes things like a shared lease or address, joint accounts, and how you described yourselves to others.

Photos, messages, mail and tax or benefit records that show a shared home can all help. The date can affect support, pensions and benefits, so it is worth gathering records early and speaking with a lawyer if you and your partner disagree.