Common Law Separation Rights in Ontario

Oct 17, 2023

The Importance of Understanding Common Law Separation Rights

When it comes to common law separation, navigating the legal intricacies can often be overwhelming. In Ontario, common law couples, despite not being legally married, may have rights and obligations that are similar to those of married couples. Understanding these rights is essential to protect your interests and ensure a fair settlement.

Common Law Relationships in Ontario

In Ontario, a common law relationship is defined as two individuals who have been living together in a conjugal relationship for at least three continuous years. However, if you have a child together or you have entered into a cohabitation agreement, you may be considered in a common law relationship even if you have not reached the three-year mark.

Property Rights and Division

One of the critical aspects of common law separation is the division of property. In Ontario, unlike in a legal marriage, common law couples do not have an automatic right to an equal division of property. However, this does not mean that assets acquired during the relationship are automatically excluded from the equalization process.

Under Ontario's Family Law Act, common law partners may be entitled to a fair share of the property accumulated during their relationship, including the increase in the value of each partner's property while living together. It is crucial to consult a reputable lawyer specializing in family law, like Borden Family Law, to guide you through the process of determining property rights and ensuring a just division.

Spousal Support

Spousal support, also known as alimony, is another significant consideration in common law separation. In Ontario, common law partners may be entitled to spousal support if certain conditions are met. These conditions include factors such as the length of cohabitation, the financial circumstances of each partner, and the roles they assumed during the relationship.

Borden Family Law's experienced team of lawyers understands the complexities involved in determining spousal support entitlement and can provide expert advice tailored to your unique circumstances. They will advocate for your rights and ensure a fair spousal support settlement.

Child Custody and Support

When a common law relationship involves children, determining custody and child support arrangements becomes paramount. In Ontario, the best interests of the child are always the primary consideration when making these decisions.

Borden Family Law recognizes the significance of child custody and support matters. Their compassionate team of lawyers will work with you to develop a parenting plan and negotiate child support agreements that put the well-being of your child first.

Why Choose Borden Family Law?

When facing common law separation in Ontario, having a knowledgeable and dedicated legal team by your side is crucial. Borden Family Law specializes in family law matters, offering top-notch legal services that prioritize your best interests.

Their team of highly skilled lawyers understands the complexities of common law separation and will guide you through the process with professionalism and expertise. Their comprehensive knowledge of Ontario's family law legislation ensures that all aspects of your case are thoroughly addressed.

By choosing Borden Family Law, you gain access to:

  • Extensive experience in family law and common law separation
  • Personalized attention and compassionate support
  • Strategic negotiation skills
  • Strong representation in court, if necessary
  • Clear and effective communication throughout the process

Conclusion

Common law separation in Ontario can be complex, but with the assistance of Borden Family Law's team of skilled lawyers, you can navigate through the legal processes with confidence. Their expertise in family law matters, including property division, spousal support, child custody, and support, ensures that your rights and interests are protected.

Don't face common law separation alone. Contact Borden Family Law today and entrust your case to the leading legal professionals who will work tirelessly to secure a fair and just resolution.

common law separation rights ontario
Kristen Kulenych
Great article! ? Thanks for the valuable information.
Oct 29, 2023
Brendan Roberts
Informative and helpful.
Oct 19, 2023