Exploring Common Law Separation Rights in Ontario

When it comes to common law separation rights in Ontario, Borden Family Law is your go-to partner for experienced lawyers and reliable legal services. As experts in family law, we are committed to providing you with valuable insights into your rights and helping you navigate through the complexities with ease.

Understanding Common Law Relationships

In Ontario, common law relationships are defined as two individuals who have lived together in a conjugal relationship for at least three years. However, if you have a child together or have entered into a cohabitation agreement, the three-year requirement does not apply.

It is important to note that common law relationships do not have the same legal recognition and protections as marriage. This can lead to confusion and misunderstandings when it comes to division of assets, support payments, and custody arrangements during a separation.

Division of Assets

When a common law relationship comes to an end, the division of assets can be complex. Unlike married couples, common law partners do not have automatic equal entitlement to property accumulated during the relationship.

However, under Ontario law, common law partners may have a claim to property if they have contributed to its acquisition, maintenance, or improvement. This can include financial contributions or direct involvement in raising the value of the property.

To determine the division of assets, it's crucial to consult with a knowledgeable lawyer at Borden Family Law. Our team will assess the specific circumstances of your case and provide guidance based on the relevant laws and precedents.

Spousal Support and Child Support

Another significant aspect of common law separation is determining spousal support and child support obligations. While common law partners do not have an automatic right to spousal support, they can make a claim based on factors such as the length of the relationship, disparity in income, and economic disadvantage suffered due to the relationship.

The calculation of child support is similar for both married couples and common law partners and is based on the Federal Child Support Guidelines. The amount of support is determined by considering factors such as income, custody arrangements, and the number of children involved.

At Borden Family Law, our lawyers have a deep understanding of spousal and child support laws in Ontario. We will assess your unique situation and provide you with the guidance and support needed to secure the best possible outcome for you and your children.

Child Custody and Access

Child custody and access can be emotionally challenging aspects of a common law separation. It is crucial to prioritize the best interests of the child and establish a parenting plan that ensures their well-being.

In Ontario, the courts consider various factors when making decisions about child custody and access. These factors include the child's age, their relationship with each parent, and their wishes if they are of a suitable age.

At Borden Family Law, our lawyers are dedicated to helping you achieve a fair and workable custody arrangement. We understand the complexities of child custody disputes and will work tirelessly to protect your rights as a parent and ensure the best interests of your child.

Legal Rights and Protections

While common law relationships do not provide the same legal rights and protections as marriage, it is essential to understand your rights and obligations. By consulting with the experienced lawyers at Borden Family Law, you can gain clarity and make informed decisions about your future.

Our legal experts specialize in family law matters, including common law separation. We will guide you through the legal process, advocate for your rights, and provide you with the necessary support to navigate through this challenging time.

Contact Borden Family Law Today

If you are going through a common law separation in Ontario, don't hesitate to reach out to the dedicated team at Borden Family Law. We are here to provide you with the expert legal services you deserve.

Visit our website bordenfamilylaw.com to learn more about our services and schedule a consultation. Together, we will work towards securing a fair and satisfactory resolution to your common law separation.