Common Law Separation Rights Ontario

Oct 24, 2023


When it comes to common law separation rights in Ontario, it's essential to have a qualified and experienced legal team by your side. Borden Family Law, a prominent law firm specializing in Lawyers and Legal Services, is renowned for its expertise in handling common law separation cases. This comprehensive article will provide you with all the information you need to understand common law separation rights in Ontario and how Borden Family Law can assist you in navigating this complex legal landscape.

What is Common Law Separation?

In Ontario, common law separation refers to the situation when a couple who has been living together for a significant period decides to end their relationship. Unlike married couples who go through divorce, common law partners don't have the same legal protections, rights, and obligations. Understanding your rights and legal responsibilities is crucial, and seeking professional guidance from a reputable law firm like Borden Family Law is highly recommended.

Understanding Common Law Separation Rights

Ontario law focuses on property rights and support obligations when it comes to common law separation. Although common law partners may not have the same automatic rights as married couples, the law recognizes their contributions during the relationship and aims to provide fair resolutions regarding property division and support.

Property Rights

During a common law separation in Ontario, property rights are determined based on the principles of unjust enrichment and constructive trust. Unjust enrichment occurs when one party benefits unfairly at the expense of the other. A constructive trust is established when one partner has contributed to the acquisition or improvement of property owned by the other partner. It is essential to consult with a lawyer to assess your specific situation and determine the best approach to protect your interests.

Support Obligations

Support obligations after a common law separation can extend to both spousal support and child support. The determination of support obligations takes various factors into account, including the duration of the relationship, the roles and financial circumstances of each partner, and the needs of any children involved. Consulting with a knowledgeable family lawyer from Borden Family Law can help you understand your rights and obligations regarding support.

How Borden Family Law Can Assist You

Borden Family Law has a team of experienced and dedicated Lawyers specializing in common law separation rights in Ontario. They understand the intricacies of the legal system and have a proven track record of successfully representing clients in similar cases.

Expert Legal Advice

With Borden Family Law, you can expect to receive expert legal advice tailored to your unique situation. Their skilled lawyers will guide you through the entire process, ensuring you have a clear understanding of your rights and responsibilities. By leveraging their in-depth knowledge of common law separation rights in Ontario, they will work diligently to protect your interests and achieve the best possible outcome.

Property Division

Property division can be a complex and contentious aspect of common law separation. Borden Family Law's lawyers have a wealth of experience in handling property division matters, and they will employ a strategic approach to ensure a fair outcome. They will assess the contributions made by each partner, identify assets subject to division, and advocate for your best interests throughout negotiations or court proceedings.

Support Negotiations

When it comes to support obligations, Borden Family Law's lawyers understand the intricacies of calculating spousal and child support. They will ensure that your rights are protected and that support obligations are determined fairly. Whether through mediation, negotiation, or litigation, they will strive to achieve an outcome that meets both your needs and the best interests of any children involved.


Common law separation rights in Ontario can be complex, but with the assistance of Borden Family Law, you can navigate the legal process confidently. Their team of expert lawyers will provide you with comprehensive legal advice, guide you through property division matters, and ensure that support obligations are determined fairly. Don't hesitate to reach out to Borden Family Law for professional and reliable assistance in all your common law separation needs.

common law separation rights ontario
William Cullinane
This article really helped me understand my rights in common law separation! 🙌 It's so important to have a qualified legal team on your side.
Nov 9, 2023
Robert Kramer
Great! 🙌 This article is really helpful in understanding common law separation rights in Ontario.
Oct 31, 2023
Jmm Insurance
Informative and valuable!
Oct 28, 2023