The Importance of Common Law Separation Rights in Ontario

Sep 29, 2023

In today's world, many couples decide to live together without getting married. While this choice comes with its own set of freedoms and advantages, it is crucial to understand and protect your common law separation rights, especially if you live in Ontario. Borden Family Law is here to assist you in navigating the legal aspects of common law relationships, ensuring that your rights are upheld and your interests are protected.

What are Common Law Separation Rights?

Common law separation rights refer to the legal entitlements and obligations that arise when a couple in a common law relationship decides to separate. In Ontario, common law couples have legal rights and responsibilities similar to those of married couples, regardless of whether they have officially tied the knot.

It is a common misconception that common law couples have the same legal rights as married couples, even after living together for a significant period. In reality, when a common law relationship breaks down, certain legal rights come into play, including division of property, spousal support, and child custody and access, just like in a married relationship.

Understanding Common Law Separation Rights in Ontario

Ontario recognizes common law relationships as cohabiting couples who have lived together for at least three years, or for a shorter duration if they have a child together and have publicly represented themselves as a couple. It is important to note that different provinces and territories in Canada may have varying rules regarding common law relationships.

Property Division

When it comes to property division, common law couples in Ontario may have to undergo a process similar to that of married couples. The laws surrounding property division can be complex, and it is essential to seek legal advice from professionals like Borden Family Law to ensure a fair and equitable resolution.

It is crucial to keep in mind that property division in common law relationships is based on the concept of "unjust enrichment." This means that if one partner has been financially disadvantaged or has made significant contributions to shared assets or properties, they may be entitled to a share of the assets accumulated during the relationship.

Spousal Support

Similarly, common law couples in Ontario may be entitled to spousal support in the event of a separation. The determination of spousal support depends on various factors, including the length of the relationship, the financial circumstances of each party, and the roles and responsibilities assumed during the relationship.

If you believe you are entitled to spousal support or if you are being asked to provide spousal support, it is vital to consult with experienced lawyers from Borden Family Law. They can assess your situation and provide guidance tailored to your specific needs.

Child Custody and Access

When children are involved in a common law separation, it is crucial to establish child custody and access arrangements that prioritize the child's best interests. Ontario courts focus on the principle that both parents should have meaningful involvement in their child's life, regardless of the parents' marital status.

The courts consider various factors when determining child custody and access, such as the child's age, existing relationships, and the ability of each parent to provide a stable and nurturing environment. Borden Family Law specializes in family law matters and can help you navigate child custody and access disputes to ensure the well-being of your child.

How Borden Family Law Can Help

When it comes to asserting and protecting your common law separation rights in Ontario, having expert legal advice and representation is crucial. Borden Family Law is a leading law firm specializing in family law matters, including common law relationships.

The team at Borden Family Law understands the complexities of common law separation and will provide you with personalized guidance and support throughout the legal process. They have extensive experience in negotiating settlements and advocating for clients in court, ensuring that your rights are upheld and your interests are protected.

By choosing Borden Family Law, you can have peace of mind knowing that you have dedicated professionals on your side, fighting for your rights as a common law partner. With their comprehensive knowledge of Ontario's family laws and their commitment to achieving favorable outcomes, you can navigate the challenges of common law separation with confidence.


Understanding your common law separation rights in Ontario is essential to protect your interests and ensure a fair resolution in the event of a separation. Borden Family Law is here to provide you with the guidance and support you need during this challenging time. Do not hesitate to reach out for a consultation and trust their expertise to safeguard your rights as a common law partner.

common law separation rights ontario
Jill Zweigbaum
This article provides great insights into common law separation rights in Ontario. It is important for couples living together to understand their legal rights and ensure they are protected. Borden Family Law offers valuable assistance in navigating the complexities of common law relationships. Thank you for sharing this informative piece! 🙌
Nov 9, 2023
Anoop Paul
Great article! 🙌
Nov 7, 2023
Informative and important!
Oct 27, 2023
deView Electronics USA Inc
Helpful article! 👍 Thank you for shedding light on this!
Oct 20, 2023
Nicola Bravo
Great information, thanks a lot!
Oct 17, 2023
Amy Tannenbaum
Very informative and useful
Oct 9, 2023
Ariadad Fattahyani
Great information, very helpful for anyone in a common law relationship.
Oct 5, 2023
Ravi Ramanathan
This article highlights the importance of understanding and protecting your common law separation rights in Ontario. 💼💔📚
Oct 3, 2023