What Does a Domestic Partnership Mean? Legal Rights & Key Differences in Canada

Q: How do you end a common-law relationship in Canada?

If you’re in a common-law relationship in Canada and decide to separate, you don’t need a formal divorce , since common-law partners aren’t legally married. However, legal and financial obligations may still arise, including: Property division – If assets were acquired together, partners may need a cohabitation or separation agreement to divide them fairly. Spousal support – If one partner was financially dependent on the other, they may be entitled to support , similar to a married spouse. Child custody and support – If you share children, Ontario’s family law treats common-law and married parents equally in terms of parental rights and responsibilities. Since common-law breakups can be complex , seeking legal guidance is highly recommended to protect your rights and assets .

Barry Nussbaum
Published on: August 18, 2023
Updated on: 03/10/2025

If you and your partner are considering a domestic partnership in Canada, it’s essential to understand its meaning, legal implications, and the rights it grants. A domestic partnership is a legally recognized relationship between two individuals who live together and share a domestic life but aren’t married. This type of partnership applies to both same-sex and opposite-sex couples and, in some provinces, offers many of the same legal protections as marriage.

The legal recognition of domestic partnerships varies across Canada. In Nova Scotia, for example, couples can formally register their domestic partnership, while in Ontario, no such registration exists. However, even in provinces where domestic partnerships aren’t officially recognized, common-law partners may still have many of the same legal rights and obligations as married couples. This includes property division, spousal support, and decision-making responsibility over children.

Key Takeaways:

▪A domestic partnership is a legally recognized relationship between two people who live together but aren’t married.

▪The legal recognition of domestic partnerships varies by province and territory-some allow formal registration, while others grant rights through common-law status.

▪Common-law partners in many provinces have legal rights similar to married couples, including rights related to spousal support, property division, and parental responsibilities.

▪Domestic partnerships differ from both common-law relationships and marriage, each with unique legal implications.

▪Ending a domestic partnership requires legal steps, such as property division and, in some cases, formal dissolution processes, which vary by province.

Understanding Domestic Partnerships in Canada

A domestic partnership is a legal relationship between two people who live together and share their lives but aren’t legally married. Some provinces formally recognize registered domestic partnerships, while others rely on common-law relationships for legal protections.

How Is a Domestic Partnership Different from Common-Law Relationships?

Many assume domestic partnerships and common-law relationships are the same, but they have key differences:

Common-law relationship: Couples who live together for a set period (one to three years, depending on the province) may receive legal rights similar to marriage, even without registration.
Domestic partnership: Requires formal registration in certain provinces to be legally recognized. Without this step, partners may not automatically receive the same legal protections as common-law spouses.

Provincial Recognition of Domestic Partnerships

Domestic partnerships are recognized at the provincial level, meaning legal rights and obligations vary depending on where you live.

Nova Scotia: Allows couples to register a domestic partnership.
Ontario & British Columbia: Do not have formal recognition, but common-law couples can access similar legal protections.

Requirements for Registering a Domestic Partnership

To register a domestic partnership, couples must typically:

Be of legal age
Be unmarried and not in another domestic partnership
Provide proof of cohabitation, such as joint leases or shared bank accounts

How to Dissolve a Domestic Partnership

If you decide to end your domestic partnership, you must go through a legal dissolution process, which may include:

Dividing property acquired during the relationship
Paying spousal support, if applicable
Making arrangements for child custody and financial responsibilities

Legal Recognition of Domestic Partnerships in Canada

If you’re in a domestic partnership in Canada, you may be wondering what legal rights and protections you have. Domestic partnerships are recognized in Canada, but the laws governing them vary depending on the province or territory you live in. To understand the specific regulations that apply, it’s essential to review Ontario Family Law Rules, which outline key legal provisions for domestic and common-law relationships.

Here’s an overview of how domestic partnerships are legally recognized in Canada.

Federal Laws

The Canadian federal government doesn’t have a law specifically recognizing domestic partnerships. However, some federal laws, such as the Income Tax Act and the Canada Pension Plan, recognize common-law partners as spouses for the purposes of benefits and obligations. To be considered common-law partners, you must have lived together in a conjugal relationship for at least one year.

Provincial Laws

In Canada, the recognition of domestic partnerships is mainly governed by provincial and territorial laws. For example, Nova Scotia has legislation that specifically recognizes domestic partnerships.

In other provinces, such as British Columbia and Ontario, while domestic partnerships aren’t formally recognized, common-law partners have many of the same legal rights and obligations as married couples, including the right to spousal support and the right to share property acquired during the relationship.

It’s important to note that the laws governing domestic partnerships can be complex and may vary depending on your specific situation. If you have questions about your legal rights and obligations as a domestic partner, you should consult a family lawyer who is familiar with the laws in your province or territory.

Overall, while the legal recognition of domestic partnerships in Canada varies depending on where you live, there are legal protections in place for common-law partners.

Rights and Obligations of Domestic Partnerships

While domestic partnerships don’t provide all of the same rights and obligations as marriage, they afford certain similar rights. In particular, domestic partners may be entitled to spousal support if the relationship ends, depending on factors such as financial dependency and the length of the partnership. Here are some of the key rights and obligations that come with a domestic partnership.

Financial Responsibilities

As domestic partners, you and your partner share financial responsibilities, which include financially supporting each other. This means that you are both responsible for paying bills, rent, and other expenses related to your shared household. In addition, if one partner is unable to work or loses their job, the other partner may be required to provide financial support. Understanding how asset division works in the event of separation can help protect both partners and ensure fair financial arrangements.

Property Rights

In a domestic partnership, each partner has certain property rights. If you and your partner purchase property together, you both have an equal right to that property. In addition, if one partner dies, the surviving partner may have a right to inherit the deceased partner’s property.

Healthcare Decisions

As domestic partners, you and your partner have the right to make healthcare decisions for each other if one partner becomes incapacitated.

It’s important to note that the specific rights and obligations of domestic partnerships may vary depending on the province or territory where you live. Be sure to consult a lawyer or legal professional to understand your rights and obligations as a domestic partner in your area.

How to Register a Domestic Partnership

To register a domestic partnership in Canada, you need to follow certain steps. Here’s what you need to do:

1. Check if Your Province Recognizes Domestic Partnerships

Not all provinces in Canada recognize domestic partnerships. For example, Ontario and Quebec do not have a domestic partnership registry. However, couples can still establish legal protections through a cohabitation agreement.

2. Determine Your Eligibility

To qualify for a domestic partnership, you must typically meet specific requirements, such as:

Being of legal age
Not being married or in another domestic partnership
Meeting residency requirements (e.g., in Nova Scotia, you must have lived in the province for at least three months)

3. Gather the Required Documents

The documents needed may vary depending on the province, but generally, you will need:

Valid identification (e.g., passport, driver’s license)
Proof of residency
Declaration of relationship status

4. Complete the Registration Form

Once you have the necessary documents, you’ll need to fill out the official domestic partnership registration form, which may be available online or at a government office.

5. Submit Your Application & Pay Fees

After filling out the registration form, you must submit it to the appropriate government office along with any required fees.

6. Receive Your Domestic Partnership Certificate

Once processed, you will receive a domestic partnership certificate, which may entitle you to rights such as:

Inheritance rights
Access to healthcare benefits
Authority to make medical decisions for your partner

Legal Considerations Before Registering

Registering a domestic partnership is a serious legal step. Before proceeding, it’s advisable to consult a family law lawyer to fully understand your rights and obligations.

Dissolving a Domestic Partnership in Canada

Ending a domestic partnership involves legal, financial, and emotional considerations. Whether you have a registered domestic partnership or a common-law relationship, understanding the dissolution process is crucial to ensuring a fair and smooth transition.

Understanding the Type of Partnership

The first step in dissolving a domestic partnership is determining whether it is registered or common-law, as the termination process differs.

Registered domestic partnerships require formal legal action, including filing an official statement of termination with the government.
Common-law relationships do not have a single legal termination document, meaning partners must negotiate separation terms, particularly regarding property division and financial support.

Legal Process for Ending a Registered Domestic Partnership

If you are in a registered domestic partnership, you must file a statement of termination with the appropriate provincial government office. Once processed, this legally dissolves the partnership, restoring both partners to single status. The exact steps and requirements depend on the province, so it’s important to consult legal resources or an attorney for guidance

Dissolving a Common-Law Relationship

Since common-law relationships are not officially registered, dissolving them requires addressing practical and financial matters without a formal legal process. Separation terms must be negotiated, including property division, spousal support, and child custody arrangements. If partners cannot reach an agreement, they may need to seek legal mediation or court intervention.

Key Legal and Financial Considerations

The dissolution of a domestic partnership can be complex, especially when shared assets, finances, or children are involved. Key factors to consider include:

Property division – Determining how assets and debts will be distributed.
Spousal support – Assessing whether one partner is entitled to financial assistance post-separation.
Child custody and support – Establishing legal arrangements for decision-making responsibilities and financial support.

Without a legal agreement in place, disputes over these matters can lead to lengthy and costly legal battles.

Seeking Legal Support for a Smooth Transition

Since no two domestic partnerships are alike, the dissolution process is rarely straightforward. Consulting a family lawyer can help clarify your rights, draft legal agreements, and facilitate negotiations-reducing stress and uncertainty during this transitional period. Whether you are dealing with asset division, spousal support, or custody issues, legal guidance ensures you receive fair treatment under the law.

Moving Forward After a Domestic Partnership Ends

Ending a domestic partnership marks a significant life transition. Whether the split is amicable or contentious, understanding the legal framework can help both partners move forward with clarity and security. Seeking legal advice early in the process can prevent unnecessary disputes and help you navigate financial and personal responsibilities effectively.

Comparing Domestic Partnerships and Marriage

In Canada, domestic partnerships are a legal relationship between two people who live together and share a domestic life, but who aren’t married. Here are some key differences between domestic partnerships and marriage:

Legal Rights and Protections

Marriage offers more legal rights and protections to couples than a domestic partnership. For example, married couples can file joint tax returns, inherit property without a will, and receive spousal support in case of a separation.

Without a formal agreement, domestic partners do not have these automatic legal rights and protections, which is why some couples choose to establish a prenuptial agreement to clarify financial responsibilities and asset division.

Recognition

While marriage is recognized everywhere in Canada, domestic partnerships are not. This means that if you move to a different province or territory, your marriage will still be recognized, but your domestic partnership may not be.

Formalities

To get married in Canada, you need to obtain a marriage license and have a marriage ceremony. Domestic partnerships don’t require a formal ceremony, but generally require that it be registered with the government.

Dissolution

If a marriage ends in divorce, the couple must go through a legal process to divide their property and assets. Domestic partnerships don’t always require a formal legal process. For example, a domestic partnership may end when one partner marries someone else.

Children

Married couples and domestic partners have the same legal rights and responsibilities when it comes to children. Both can adopt children, apply for decision-making responsibility and parenting time, and make decisions about the child’s upbringing.

In conclusion, while domestic partnerships offer some legal recognition and benefits to couples who don’t wish to get married, they don’t provide the same legal rights and protections as marriage. It’s important to understand the differences between the two before making a decision about which legal relationship is right for you.

Protecting Your Rights in a Domestic Partnership

Understanding the legal implications of a domestic partnership is essential for safeguarding your rights and ensuring a smooth process-whether you’re registering, managing, or dissolving your partnership. Since laws vary by province, seeking legal advice can help you navigate potential challenges, from financial responsibilities to property division and spousal support.

At Nussbaum Law, our experienced family lawyers provide personalized guidance to help you make informed decisions about your domestic partnership. Whether you need assistance with registration, dissolution, or understanding your legal rights, we’re here to help.

Contact us today for a free consultation and get expert legal support tailored to your situation!

Frequently Asked Questions About Domestic Partnerships in Canada

How do you end a common-law relationship in Canada?

If you’re in a common-law relationship in Canada and decide to separate, you don’t need a formal divorce, since common-law partners aren’t legally married. However, legal and financial obligations may still arise, including:

Property division – If assets were acquired together, partners may need a cohabitation or separation agreement to divide them fairly.
Spousal support – If one partner was financially dependent on the other, they may be entitled to support, similar to a married spouse.
Child custody and support – If you share children, Ontario’s family law treats common-law and married parents equally in terms of parental rights and responsibilities.

Since common-law breakups can be complex, seeking legal guidance is highly recommended to protect your rights and assets.

What's the difference between a domestic partnership and marriage?

A domestic partnership is a legally recognized relationship for couples who live together but aren’t married. The key differences between domestic partnerships and marriage include:

Legal Recognition – Marriage is recognized across all provinces and federally, while domestic partnerships vary by province (e.g., Nova Scotia allows registration, while Ontario does not).
Rights & Protections – Married couples automatically receive spousal support protections, inheritance rights, and tax benefits, whereas domestic partners may need additional legal agreements for similar protections.
Dissolution Process – Divorce is required to legally end a marriage, while a domestic partnership may only require filing a termination statement (depending on the province).

If you’re unsure which option is best for your relationship, consider consulting a family lawyer.

What is considered a domestic partner in Canada?

A domestic partner is someone in a legally recognized cohabiting relationship that is not a marriage. The definition varies by province, but generally, a domestic partner:

Shares a residence with their partner in a long-term, committed relationship.
May be registered as a domestic partner in provinces like Nova Scotia.
May qualify as a common-law spouse if they’ve cohabited long enough in provinces that don’t formally recognize domestic partnerships (e.g., Ontario).

Domestic partnerships often include some legal rights related to spousal support, property division, and medical decision-making, but protections differ from province to province.

Domestic Partnership vs. Common-Law in Ontario – What’s the Difference?

In Ontario, there is no formal domestic partnership registry, so couples who live together are generally considered common-law partners if they:

Have lived together in a conjugal relationship for at least three years
Have lived together for less time but share a child

Both domestic partnerships and common-law relationships provide legal protections related to:

Spousal Support – Common-law partners may be entitled to financial support if the relationship ends.
Property Rights – Unlike married couples, common-law partners do not automatically share property ownership unless an agreement is in place.

If you’re in a long-term cohabiting relationship in Ontario, it’s best to create a cohabitation agreement to clarify your rights in case of separation.