Common Law Separation Rights in Ontario

Welcome to Borden Family Law, your trusted source for expert legal services related to common law separation rights in Ontario. Our team of highly skilled and experienced lawyers understands the complexities of family law and is dedicated to providing the highest level of assistance to individuals going through separation or divorce. With our vast knowledge of Ontario's legal system, we are committed to guiding you through the process and ensuring your rights are protected.

Understanding Common Law Separation

In Ontario, common law couples who have chosen to live together without getting married may have certain legal rights and obligations similar to those of married couples. It is important to understand that common law relationships are recognized and protected under the law, and individuals in such unions may have legal entitlements even if they never formalized their relationship through marriage.

Common law separation occurs when a couple decides to end their relationship and live apart permanently. Although common law couples do not go through a formal divorce process, there are legal aspects to consider when it comes to property division, child custody, and spousal support.

Property Division

One of the key aspects of common law separation in Ontario is property division. Unlike married couples, common law couples do not have an automatic right to an equal division of property. However, this does not mean that one partner has no claim over the property accumulated during the relationships.

Under Ontario's Family Law Act, common law partners may have a claim to share in the value of their former partner's property if they can demonstrate:

• A direct or indirect contribution to the property
• An economic disadvantage suffered during the relationship
• An economic advantage gained by the other partner as a result of the relationship

It is important to consult with a knowledgeable family lawyer to assess your unique situation and determine your entitlements when it comes to property division.

Child Custody and Support

Child custody and support are crucial aspects that need to be addressed during a common law separation. In Ontario, the best interest of the child is always the primary consideration, regardless of the parents' marital status. The court will strive to establish a custody and support arrangement that promotes the child's well-being.

When determining child custody in a common law separation, the court takes into account various factors, including the child's relationship with each parent, their ability to provide a stable environment, and their willingness to facilitate a positive relationship between the child and the other parent. The court may grant joint custody, sole custody, or a combination of both depending on what is deemed best for the child.

Regarding child support, both parents have a legal obligation to support their children financially. The amount of child support payable is determined based on the Federal Child Support Guidelines, taking into consideration factors such as the parents' income, the number of children, and the custody arrangement.

Spousal Support

Spousal support, also known as spousal maintenance or alimony, is another important aspect to consider during a common law separation. It refers to the financial support provided by one partner to the other, based on factors such as their respective incomes, the duration of the relationship, and any economic disadvantages suffered by one partner due to the relationship.

In Ontario, common law partners may be entitled to spousal support if they can demonstrate a need for financial assistance and the other partner has the ability to pay. The court will assess various factors to determine the amount and duration of spousal support.

Seek Professional Legal Assistance

Going through a common law separation in Ontario can be emotionally challenging and legally complex. It is crucial to seek professional legal assistance to protect your rights and ensure a fair resolution of all related matters.

At Borden Family Law, our team of dedicated lawyers specializes in common law separation and provides comprehensive legal services to individuals in need. We understand the intricacies of Ontario's family law system, and we are committed to guiding you through every step of the process.

By choosing our expert legal team, you can rest assured that your rights and interests will be safeguarded. We will work tirelessly to negotiate fair settlements, represent you in court if necessary, and provide you with the support and guidance you need during this challenging time.

Contact Borden Family Law today to schedule a consultation with one of our highly skilled lawyers and take the first step towards a fair resolution of your common law separation rights in Ontario.