Common Law Separation Rights in Ontario

Introduction

In Ontario, Canada, common law couples often encounter unique challenges and questions pertaining to their separation rights. Borden Family Law, a leading firm specializing in family law, aims to provide comprehensive legal services to individuals seeking clarity and guidance when it comes to common law separation.

Understanding Common Law Separation

Common law relationships in Ontario are recognized and protected by law. When a couple has been living together in a conjugal relationship for at least three years (or one year if they have a child together), they are considered to be in a common law relationship. However, common law couples do not have the same legal rights and responsibilities as married couples.

In the case of a common law separation, assets and debts are not automatically divided equally between the parties involved. It is crucial for individuals going through this process to seek legal advice to understand their rights and options.

Property Rights

During a common law separation in Ontario, property division can be a complex matter. Unlike in a marriage where there are clear guidelines, common law property division is based on a different set of rules.

The Family Law Act in Ontario does not provide for an automatic equal division of property for common law couples. In most cases, property is divided based on ownership and contributions made by each party during the relationship. This means that it is essential to have legal representation to help navigate through property division negotiations or, if necessary, court proceedings.

Child Custody and Support

Child custody and support matters are of utmost importance when it comes to common law separation cases involving children. In Ontario, the best interest of the child is the main guiding principle.

When determining child custody, factors such as the child's age, relationship with each parent, and stability of their respective homes are considered. Our team of expert lawyers at Borden Family Law can assist in building a strong case to promote the best interests of your child.

Child support is determined based on the Federal Child Support Guidelines. These guidelines take into account factors such as the paying parent's income, the number of children, and the custody arrangement. Our dedicated legal professionals can help you understand these guidelines and ensure the appropriate level of support is secured.

Spousal Support

Spousal support may also be a consideration during a common law separation, particularly if one partner relied financially on the other during the relationship. While common law partners do not have the same automatic rights to spousal support as married couples, they can still seek support based on various factors.

Factors influencing spousal support include the length of the relationship, the roles each partner played, and the economic disadvantages suffered as a result of the separation. Our experienced lawyers can guide you through the spousal support assessment process.

Conclusion

Navigating common law separation rights in Ontario requires expert knowledge and legal guidance. Borden Family Law, with our team of skilled lawyers specializing in family law, is dedicated to providing the highest quality legal services to protect your rights and interests during this challenging time. Contact us today to schedule a consultation and let us assist you in understanding and safeguarding your common law separation rights.