Common Law Separation Rights in Ontario

Oct 27, 2023


Welcome to Borden Family Law, your trusted legal resource for common law separation rights in Ontario. Our team of expert lawyers specializes in providing comprehensive legal services to common law couples in need of guidance.

The Importance of Understanding Common Law Separation Rights

Common law relationships have become increasingly common in Ontario. However, many couples are unaware of their legal rights when it comes to separation. It is crucial to have a clear understanding of these rights to ensure fair and equitable outcomes.

What is Common Law in Ontario?

In Ontario, common law relationships are legally referred to as "cohabitation" and are defined as two individuals living together in a conjugal relationship for at least three years.

Understanding Common Law Separation Rights

Just like married couples, common law couples have rights and responsibilities that need to be addressed in the event of a separation. Although common law partners may have different legal rights compared to married couples, they still have legal options to protect their interests.

Property Division

One of the most significant concerns during a common law separation is property division. While common law couples do not have automatic property rights as married couples do, there are legal principles that can be applied to ensure the fair distribution of assets.

Ontario follows the principle of unjust enrichment, which means that if one partner has made contributions towards the acquisition, preservation, or improvement of property while the other partner has benefited, a court may order a redistribution of assets to address the imbalance.

Child Custody and Support

When children are involved in a common law separation, determining child custody and support can be emotionally challenging. In Ontario, the Best Interests of the Child is the guiding principle used by the courts to make decisions related to child custody and support.

It is essential to consult with an experienced family lawyer who can help you navigate the complexities of child custody and support arrangements. Our team at Borden Family Law has extensive expertise in advocating for the best interests of the child while protecting your parental rights.

Spousal Support

Spousal support, also known as alimony, may be available to common law partners who have experienced a breakdown in their relationship. Factors such as the length of the relationship, the financial circumstances of both partners, and the roles each partner played during the relationship are considered when determining spousal support.

At Borden Family Law, we understand the complexities involved in determining spousal support. Our lawyers will assess your unique situation and work diligently to ensure a fair resolution that takes into account your financial needs and obligations.

Why Choose Borden Family Law?

Choosing the right legal representation is crucial when facing a common law separation. Borden Family Law offers a range of advantages that set us apart from other firms:

Expertise and Specialization

Our team of lawyers specializes in family law and has extensive experience in handling common law separation cases. We stay updated with the latest changes in legislation and ensure our clients receive accurate and effective legal advice.

Personalized Approach

We understand that every common law separation case is unique. Our lawyers provide personalized attention to ensure each client's specific needs and goals are met. We work closely with you to develop a strategy tailored to your circumstances.

Efficiency and Effectiveness

At Borden Family Law, we believe in resolving common law separation cases efficiently and effectively. Our lawyers strive for timely resolutions through negotiation and mediation, while also being prepared to advocate for your rights in court if necessary.

Compassionate Support

We recognize the emotional toll that common law separations can have on individuals and families. Our team provides compassionate support throughout the process, guiding you with empathy and understanding.

Contact Borden Family Law Today

If you are in need of legal assistance regarding your common law separation rights in Ontario, contact Borden Family Law today. Our team of highly skilled and experienced lawyers is ready to guide you through the complexities of common law separations.

Don't leave your rights unprotected. Reach out to Borden Family Law to schedule a consultation and take the first step towards resolving your common law separation in the most favorable way possible.

common law separation rights ontario
Anton Glovsky
Very informative! Thanks for shedding light on common law rights.
Nov 6, 2023