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

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We hold ourselves accountable for the quality of our work on every file and for every client. We are committed to meeting the needs of our clients, while acting fairly, firmly and with integrity. We will innovate and adapt to enable us to achieve practical and effective legal solutions.





    We hold ourselves accountable for the quality of our work on every file and for every client. We are committed to meeting the needs of our clients, while acting fairly, firmly and with integrity. We will innovate and adapt to enable us to achieve practical and effective legal solutions.

    Featured Articles

    Child Support – Frequently Asked Questions

    Jul 10, 2023 |

    Article by Ken Fraser As a Family Law Lawyer I assist individuals with the complicated issues that arise out of the breakdown of their relationship. These issues cover a wide range of areas. When there are children involved one of the issues that I am frequently asked...

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