Common Law Separation Rights in Ontario - Borden Family Law

Oct 11, 2023


When it comes to common law relationships and separation rights, it is crucial to have a thorough understanding of Ontario's laws and regulations. Borden Family Law, a trusted name in the legal field, is here to provide you with the knowledge and guidance you need to navigate through this complex process.

The Basics of Common Law Relationships

A common law relationship, also known as a cohabitation relationship, refers to an unmarried couple living together in a marriage-like arrangement. In Ontario, common law partners have legal rights and obligations that differ from married couples. It is essential to comprehend these rights to ensure your protection and well-being.

Defining Common Law Separation

Common law separation occurs when a couple decides to end their cohabitation relationship. Although common law partners do not go through a formal divorce process, they still need to address several legal matters, including property division, child custody, and support.

Property Division

One of the most critical aspects of common law separation is the division of property. Ontario's laws do not recognize an automatic equal split of assets, as they do for married couples. Instead, the division is based on the principles of unjust enrichment and trust law.

It is crucial to consult with an experienced lawyer at Borden Family Law who specializes in common law separation to ensure your rights are protected and that a fair settlement is reached. They will work tirelessly to assess your unique situation, identify shared assets, and advocate for your best interests.

Child Custody and Support

When it comes to children involved in a common law separation, it is essential to prioritize their well-being and ensure their needs are met. Ontario's Family Law Act governs matters related to child custody, access, and support.

At Borden Family Law, our experienced lawyers understand the complexities surrounding child custody and support in common law separations. They will navigate you through the legal process, ensuring that the best interests of your child are at the forefront of any agreements or court orders.

Know Your Rights and Entitlements

Understanding your rights and entitlements is crucial when going through a common law separation in Ontario. Here are some key points to consider:

1. Duration of the Relationship

In Ontario, common law partners are generally entitled to specific rights and obligations once they have lived together in a marriage-like relationship for at least three years. However, there are exceptions to this requirement, such as having a child together.

2. Property Rights

Contrary to popular belief, common law partners do not have an automatic right to share in each other's property upon separation. However, they may have a claim to property or assets if they can establish that they made significant contributions to their partner's property or that there is an unjust enrichment.

3. Spousal Support

In Ontario, common law partners may be entitled to spousal support if they meet specific requirements, such as experiencing economic disadvantage due to the relationship's end. Determining the amount and duration of spousal support can be a complex process, but the knowledgeable lawyers at Borden Family Law have extensive experience in handling these matters.

4. Child Support

Both parents, regardless of their marital status, have a legal responsibility to support their children financially. In common law separations, determining child support involves considering the income of both parents, the custody arrangement, and any special circumstances related to the child's needs.

The Importance of Legal Representation

Common law separations involve intricate legal processes that require the expertise of skilled lawyers who specialize in family law. Choosing Borden Family Law as your legal representative will significantly enhance your chances of a favorable outcome.

Our team of knowledgeable lawyers will be by your side, providing comprehensive legal advice, helping you understand your rights, negotiating agreements, and representing your interests in court if necessary.

In Conclusion

Common law separation rights in Ontario can be complex, but with the guidance of Borden Family Law, you can navigate through this challenging process with confidence. Our experienced lawyers are committed to protecting your rights and ensuring a fair resolution to your common law separation.

Trust Borden Family Law to provide you with exceptional legal services and unmatched expertise in the field of family law. Contact us today to schedule an initial consultation and take the first step towards securing your future.

common law separation rights ontario
Dave Bepko
This article answered all my questions about Ontario's common law separation rights! 🙌
Nov 9, 2023
Rick Oconnor
This article is very helpful! I learned a lot about common law separation rights in Ontario.
Oct 27, 2023
Irma Gabaschvili
Thanks for this informative piece! 📚 It's crucial to know the rights for common law separation in Ontario.
Oct 21, 2023
Lindsay Adams
Great article! 💼📚 Thanks for providing information on common law separation rights in Ontario. Important knowledge for anyone in a common law relationship.
Oct 14, 2023