The 36-year-old actor, Bradley Cooper, and 41-year-old academy award winner
Renee Zellweger, have recently ended their three year relationship. Tabloids
have not been able to determine the cause for the split but confirm that
infidelity is most certainly not the reason for their break up.
While not married, the couple may be considered to be in a common law relationship.
A common law relationship is when two people live together in a marriage-like
relationship. The two people can be of the same sex or of the opposite
sex. No legal formalities are required. The period of time two persons
must cohabit before being considered to be in a common law relationship
depends on whether the issue that needs to be resolved falls within federal
or provincial jurisdiction. Matters that fall within federal jurisdiction
include federal government pensions and division of the Canada Pension
Plan upon separation. Property division is determined by provincial law
and each province has its own definition of what a common law spouse is.
For Ontario family law purposes, to be considered a common law couple,
two persons must cohabit 3 years, or have a child and a relationship of
some permanence and cohabitated for a period of less than three years.
The judiciary considers a number of factors when determining whether a
couple falls within the definition of a common law relationship. Generally,
a judge will look at the lifestyle of the parties in a common law relationship.
In Ontario, the case
Molodowich v. Penttinen (1980) (Ont. Dist.Ct.), sets out the generally accepted characteristics
of a conjugal relationship. Such characteristics include shared shelter,
sexual and personal behaviour, services, social activities, economic support
and children, as well as the societal perception of the couple. However,
in this decision it was also recognized that these elements may be present
in varying degrees and not all are required for the finding of a common
law relationship.
Although the details of Bradley and Renee’s relationship are unknown,
assuming the couple is found to be in a common law relationship, certain
rights and obligations may arise.
While persons in common law relationships do not have the same property
rights as married persons,
common law partners are entitled to make claims for unjust enrichment. Unjust enrichment is
general equitable principle that states that no person should be allowed
to profit at another’s expense without making restitution for the
reasonable value of any property, services, or other benefits that have
been unfairly received and retained. As such, a person in a common law
relationship may claim that their common law partner was unjustly enriched
by their contributions during the course of the relationship and they
must be compensated accordingly.
Despite the differential treatment of married and common law couples with
respect to property upon
dissolution of the relationship, common law couples have the same entitlement to
spousal support as married couples. That is, if your common law relationship ends, and
you do not have the means to sustain yourself, like married persons, you
may seek spousal support from your former partner. The quantum of support
can be decided by negotiation, mediation, collaborative law or arbitration.
If the parties are unable to agree to quantum on their own, they may go
to the court and ask a judge to make a determination in this regard.
As common law relationships are the fastest growing family structure in
Canada, couples in common law relationships should sign a cohabitation
agreement to protect their rights. A cohabitation agreement can outline
matters such as financial arrangements, the amount of support payable
and who will move out of the couple’s home upon separation. This agreement
cannot, however, make determinations with respect to custody or access.
Again, while it is unclear whether Bradley and Renee’s would be considered
a common law couple, the above summarizes the issues they may be forced
to tackle if found to be common law spouses as their three year relationship
has now come to an end.