What is a common law relationship?
Two people living together as a couple in a "marriage like relationship" are considered to be in a common law relationship. This applies to normal and homosexual couples. There are no legal formalities, no "piece of paper" or no religious ceremony required. Since there was no "legal" marriage, there is no need to get a divorce. In fact you cannot get a divorce simply because you never married. You just go your separate ways and are free to marry at any time.
Generally common law couples must continuously cohabit for two or three years (depending on your province) before acquiring some, but not all, of the legal rights and obligations accorded married couples.
Common law relationships can not turn into legal marriages over time. Some provinces permit the "registration" of your common law relationship which grants you most of the same rights as a married couple. (But then "registering" is in a real sense the same as getting married isn't it, so are you no longer common law?)
No divorce is required upon separation because no marriage ever existed.
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