In Nova Scotia, to claim spousal support under the Parenting and Support Act, you must prove you lived together in a marriage-like relationship for at least two years. Gathering joint bank statements, shared lease agreements, and tax returns is essential to prove your common-law status in family court.
When an unmarried couple separates in Halifax, Dartmouth, or anywhere else in Nova Scotia, the legal fallout can be just as complicated as a divorce. Many people mistakenly believe that living together for a few months automatically grants them the same rights as married couples. In reality, the Parenting and Support Act requires you to meet strict criteria before you can claim spousal support.
Proving a common-law relationship is not always as simple as showing the court you shared the same address. ⚠ The judge will look at the entire picture of your life together to determine if your relationship was truly “marriage-like.” If your ex-partner denies the nature of the relationship to avoid paying support, you must be prepared to present solid, undeniable evidence.
Step-by-Step Process in Nova Scotia
Whether you are filing your application at the Supreme Court of Nova Scotia (Family Division) in Halifax or Sydney, the burden of proof is on the person making the claim. You must systematically build your case using the following steps.
Step 1: Gather Proof of Shared Shelter
The first hurdle is proving that you and your partner actually lived under the same roof for a continuous period of at least two years. You will need to gather documents that show both of your names at the same residential address. This can include a shared apartment lease, utility bills, or home insurance policies.
Step 2: Show Financial Interdependence
A true marriage-like relationship usually involves mixing finances. You must prove that you supported each other economically. Collect joint bank account statements, shared credit card bills, and documents showing that you purchased large items (like a vehicle or furniture) together. If one person stayed home to handle childcare while the other worked, this is also strong evidence of economic interdependence.
Step 3: Document Social and Societal Proof
How did you present yourselves to the outside world? The court will look at whether your friends, family, and the community viewed you as a couple. Gather invitations addressed to both of you, emergency contact forms from your employer, and social media posts. Importantly, show how you filed your taxes with the Canada Revenue Agency (CRA)-filing as “common-law” is one of the strongest pieces of evidence you can provide.
Step 4: File Your Application for Spousal Support
Once your evidence is organized, you will file an Application under the Parenting and Support Act at your local family court. You must attach your sworn affidavit detailing the history of your relationship, how you shared domestic chores, and how you managed your finances together.
How Much Does it Cost in Nova Scotia?
Filing a claim and proving your relationship involves various legal expenses in Canadian dollars:
- Court Filing Fees: Filing an initial application in the Supreme Court (Family Division) is generally around $218 CAD.
- Lawyer Consultation: Most family lawyers charge an hourly rate between $250 and $500 CAD to review your evidence and build a strategy.
- Drafting Affidavits: Having a law firm draft your sworn statements and organize your evidence typically costs $1,500 to $3,000 CAD.
- Contested Hearings: If your ex fiercely denies the relationship and the matter goes to a full trial, total legal fees can easily exceed $10,000 CAD.
How Long Does the Process Take?
Proving your status and securing a support order is a marathon, not a sprint.
| Stage of Process | Average Timeline | Important Details |
|---|---|---|
| Gathering Evidence | 2 to 4 weeks | Requesting old bank statements and tax records takes time. |
| Initial Court Appearance | 4 to 8 weeks | Wait times depend on the Family Division schedule in your city. |
| Final Resolution / Trial | 6 to 12 months | If the ex refuses to settle, a judge must make the final ruling. |
Frequently Asked Questions (FAQ)
Do common-law partners split property 50/50 in Nova Scotia?
No. Unlike married couples, common-law partners in Nova Scotia do not have an automatic right to a 50/50 split of property under the Matrimonial Property Act, unless they have registered a formal Domestic Partnership with the province.
What if we broke up for a few months during the two years?
A brief separation does not necessarily reset the two-year clock. If the breakup was temporary and you reconciled with the intention of continuing the relationship, the court may still count the total time together.
Can I claim child support if we lived together for less than two years?
Yes. Child support is the right of the child, not the parent. If you share a biological or adopted child, you can claim child support immediately, regardless of how long you lived together.
What if we kept our bank accounts separate?
Keeping separate accounts does not automatically disqualify you. The court looks at the overall picture, including how you shared living expenses, groceries, and household responsibilities.
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