Common Law Separation at Cohen Highley LLP
Common Law Couples in Ontario
For family law purposes there are two scenarios for a couple to be considered “Common Law”: in the first, two people who have continuously lived together in a conjugal relationship for three or more years would be considered Common Law partners in Ontario.
In the second scenario, a couple that has a child together, whether they had the child through birth or adoption, and have been in relation of some permanence, they would also be considered common law partners in Ontario.
Learn more about Common Law Couples, including the definition of “Conjugal Relationships” here.
Common Law Property Division
Common Law Property Division can be challenging, as only legally married individuals have an automatic right of possession, but there may be alternative courses of action available. Let our experienced team of Family Lawyers help you navigate the complexities of Common Law Property Division.
Learn more about property rights in a Common Law Separation Here
Separation Agreements
A Separation Agreement is a legally binding document that covers major decisions like living arrangements, decision making responsibility and parenting time, division of assets, and support payments. Implementing a proper Separation Agreement is an essential step when a couple (legally married or common law) decides to live apart. Although the content of the agreement may be collaborative, it is best written by a lawyer; moreover, both parties must retain independent legal counsel to review and sign the document and advise the individuals of their legal rights and responsibilities.
Other Areas of Law
Our legal team is accessible, innovative, and professional.
Featured Articles
Pensions and Family Law
Pensions and Family Law Article by Ken Fraser For many people, their biggest asset is their pension. They have worked hard throughout their career to earn and save their pension. More importantly, they are relying on it for security and peace of mind in their...
Do I have a say in whether my ex brings our children to their new partner’s family holidays?
Laura Smith ANNOUNCER: I'm with Laura Smith from Cohen Highley. Laura, do I have a say in whether my ex brings our children to their new partner's family holidays? LAURA: Each parent can decide where the child will go during their respective holiday time with their...
If a parent wants to travel outside of the country with their children without the other parent, what paperwork do they need to prepare?
Laura Smith ANNOUNCER: I'm with Laura Smith from Cohen Highley. Laura, if a parent wants to travel outside of the country with their children without the other parent, what paperwork do they need to prepare? LAURA: For separated and non separated parents, it's best...