Common Law Separation Rights in Ontario

Oct 30, 2023

Introduction

Welcome to Borden Family Law, dedicated lawyers providing expert legal services for individuals seeking guidance and assistance regarding common law separation rights in Ontario. Our team of highly skilled professionals understands the complexities and nuances of family law in Ontario, ensuring that our clients receive the best possible guidance and representation.

Understanding Common Law Relationships

Common law relationships, also known as cohabitation, refer to couples who live together as a couple without being married. In Ontario, common law couples have legal rights and responsibilities similar to those of married couples when their relationships break down.

What Are Common Law Separation Rights?

Common law separation rights encompass a wide range of legal aspects, including property division, child custody, spousal support, and more. It is essential to have a comprehensive understanding of these rights to navigate the legal complexities that arise during separation.

Property Division in Common Law Separation

When it comes to property division in common law separations, Ontario follows the principle of equitable distribution. This means that assets and debts acquired during the relationship are divided fairly, but not necessarily equally, between the separating couple.

Factors Considered in Property Division

Several factors are taken into account when determining the fair division of property in common law separations, including:

  • The duration of the relationship
  • Financial contributions made by each partner
  • Non-financial contributions made by each partner, such as caregiving or homemaking
  • Assets owned individually or jointly
  • Debts accumulated during the relationship

Child Custody and Support

Child custody and support are crucial matters that need to be addressed during a common law separation. In Ontario, the primary consideration is the best interests of the child when determining custody arrangements and support payments.

Establishing Child Custody

When determining child custody, factors such as the child's relationship with each parent, their emotional well-being, and the ability of each parent to provide a stable and supportive environment are taken into account.

Child Support Obligations

In Ontario, both parents have a legal obligation to financially support their children, regardless of their marital status. Child support payments are calculated based on various factors, including the parents' incomes, the number of children, and the parenting arrangement.

Spousal Support in Common Law Separations

Spousal support, also known as alimony, may be payable in common law separations to assist the financially dependent partner in maintaining a similar standard of living after the relationship ends.

Factors Considered in Spousal Support

The determination of spousal support depends on several factors, such as:

  • The length of the relationship
  • The roles and responsibilities of each partner during the relationship
  • The financial circumstances and needs of each partner
  • The ability of the recipient to become self-sufficient

Legal Assistance from Borden Family Law

When dealing with common law separation rights in Ontario, it is crucial to seek the guidance of experienced legal professionals who specialize in family law. At Borden Family Law, our team has extensive knowledge and expertise in this field.

Expert Guidance and Advocacy

Our dedicated lawyers understand the unique challenges faced by individuals going through a common law separation. We provide personalized and strategic advice, guiding our clients through the legal process and advocating for their best interests.

Mediation and Dispute Resolution

In situations where amicable resolutions are preferred, our team excels in mediation and alternative dispute resolution methods. We strive to find practical and mutually beneficial solutions that minimize conflict and protect our clients' rights.

Litigation and Representation

If litigation becomes necessary, Borden Family Law is well-prepared to represent our clients' interests in court. Our skilled litigators have a strong track record of success and are committed to achieving the best possible outcomes for our clients.

Contact Borden Family Law Today

If you require expert legal assistance in navigating common law separation rights in Ontario, contact Borden Family Law today. Our compassionate and skilled team is ready to guide you through the process, ensuring that your rights and interests are protected.

Remember, understanding your rights and obtaining sound legal advice is crucial during a common law separation. Let Borden Family Law be your trusted partner in obtaining a fair and just resolution that paves the way for a brighter future.

common law separation rights ontario
Steve Crisler
Informative and helpful.
Nov 8, 2023