As common law relationships continue to rise across Canada, many couples are entering long term partnerships without fully understanding the legal and financial consequences that can follow if the relationship ends. According to Statistics Canada, more than one in five parents with young children are now in common law relationships, a dramatic increase from the early 1980s. This shift has important implications, particularly for blended families where one partner may take on a parental role without being a biological parent. In an appearance on CHCH Morning Live, Julia Fogarty, Associate Lawyer at Shulman & Partners LLP, unpacked what common law status really means and why couples should pause before assuming that avoiding marriage also avoids legal responsibility.
“When you act as a parent, you become financially liable like a parent.”
— Julia Fogarty, Associate Lawyer at Shulman & Partners LLP
During the interview, Julia explained that common law relationships are often misunderstood as informal or legally lighter alternatives to marriage. In reality, once two partners live together in a relationship of some permanence, with or without children, the law may treat that relationship as fully formed despite the absence of a wedding ring. Julia described common law relationships as committed partnerships that can trigger significant responsibilities if they break down.
A major focus of the discussion was financial liability involving children from a prior relationship. She explained the concept of in loco parentis, a legal principle that applies when a person steps into a parental role. In those circumstances, even a non biological parent can become responsible for child support following separation. The threshold for establishing this role is relatively low and is based on behaviour rather than intention.
Julia outlined how courts examine everyday actions to determine whether someone acted as a parent. Attending school events, participating in extracurricular activities, exchanging gifts, or presenting oneself as a parental figure can all support a finding that a parental role existed. Importantly, she noted that a person cannot selectively step in and out of parenting. Once the role is assumed, the legal consequences may follow.
The conversation also addressed whether couples can protect themselves through agreements. Julia explained that domestic contracts, similar to prenuptial agreements, are sometimes used in common law relationships to clarify intentions. These agreements may attempt to define roles and responsibilities, including limiting parental obligations. However, she cautioned that even with written agreements, liability can still arise depending on how the relationship unfolds in practice.
Throughout the interview, Julia emphasized the importance of education and early legal advice. Many people enter common law relationships without understanding their rights or potential exposure. By having informed conversations early and seeking legal guidance, couples can better navigate expectations around finances, parenting, and long term responsibility.
Watch the full CHCH Morning Live segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.