Common Law Separation Rights in Ontario

Nov 2, 2023

In the province of Ontario, Canada, common law couples face unique challenges when it comes to separation. Understanding your rights and navigating the legal system can be daunting, but Borden Family Law is here to provide expert guidance and support.

Who are We?

Borden Family Law is a dedicated team of experienced lawyers specializing in family law matters, including common law separation. With a proven track record of success, we strive to protect the rights and best interests of our clients.

Legal Services for Common Law Couples

Recognizing the complexities of common law relationships, our knowledgeable lawyers provide comprehensive legal services tailored specifically to the needs of common law couples in Ontario.

We understand that each separation case is unique, and our team works diligently to ensure that our clients are well-informed about their rights and options. Whether it involves child custody, spousal support, division of assets, or any other aspect of the separation process, we are here to provide expert advice and representation.

Understanding Common Law Separation Rights

Under Ontario law, common law couples are not legally married. However, this does not mean that their rights are disregarded in the event of a separation.

While there is no specific legislation governing common law relationships, the Family Law Act recognizes certain legal rights and responsibilities for common law couples who have lived together for a significant period of time.

In order to protect your rights during a common law separation in Ontario, it is crucial to understand the following:

1. Length of cohabitation:

The duration of time you have lived together as a couple plays a significant role in determining your rights upon separation. In Ontario, if you have cohabited for at least three years, or if you have a child together and are in a relationship of some permanence, you may have legal rights similar to those of married couples.

2. Property division:

Unlike married couples, common law couples do not have an automatic right to an equal division of property. However, there may be a claim for a constructive trust or unjust enrichment if one party can prove they contributed significantly to the acquisition or improvement of assets.

3. Child custody and support:

Child custody and support arrangements are determined based on the best interests of the child. Whether you were married or in a common law relationship, the court always prioritizes the well-being and needs of the child. Factors such as the child's age, emotional ties, and parental capabilities are taken into consideration.

Why Choose Borden Family Law?

When it comes to common law separation, having the right legal representation can make a significant difference in the outcome of your case. Here's why Borden Family Law stands out:

1. Expertise:

Our team consists of highly skilled lawyers who specialize in family law matters. With years of experience, we have a deep understanding of the legal complexities surrounding common law separation in Ontario.

2. Personalized Approach:

We recognize that common law separations require a tailored approach. Our lawyers take the time to understand your unique circumstances and develop strategies that align with your goals and priorities.

3. Strong Advocacy:

We are committed to fiercely advocating for our clients' rights. Our lawyers possess strong negotiation and litigation skills, ensuring that your interests are protected throughout the separation process.

4. Compassionate Support:

We understand the emotional challenges that arise during separations. Our team provides compassionate support and guidance, helping you navigate the legal system with empathy and care.

Contact Us

If you require assistance with your common law separation in Ontario, we encourage you to reach out to our team at Borden Family Law. We offer a confidential consultation to discuss your case and provide you with the legal guidance you need.

Don't let the complexities of common law separation overwhelm you. Let Borden Family Law protect your rights and help you navigate through this challenging time.

Contact us today at 123-456-7890 or email us at [email protected] to schedule a consultation.

common law separation rights ontario
Angela Hardin
Thank you for sharing this valuable information. It's important for common law couples to understand their rights during separation.
Nov 8, 2023