Common Law Separation Lawyers
Common law separation follows different legal rules than divorce, and understanding those differences is an important first step toward protecting your rights and moving forward with clarity. In Ontario, a couple is considered common law for family law purposes if they have lived together continuously in a conjugal relationship for three or more years, or if they have a child together by birth or adoption and are in a relationship of some permanence.
Because common law partners do not share the same automatic legal rights as married spouses, separation can raise complex questions that are not always straightforward to resolve. Cohen Highley’s family law team has extensive experience guiding individuals and families through these transitions, helping clients find fair and practical resolutions at what is often a difficult time.
Common Law Separation Services
Our family lawyers assist clients across Southwestern Ontario with the full range of legal matters that arise when a common law relationship ends, including:
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Common Law Separation Agreements: We prepare and draft legally binding Separation Agreements covering property division, support obligations, and parenting arrangements.
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Common Law Property Division: Our team helps common law partners navigate the division of property, including the family home, shared assets, and claims that may arise where one partner contributed to property held in the other’s name.
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Common Law Child & Spousal Support: We assist clients with understanding their entitlements and with negotiating support arrangements that reflect the circumstances of the relationship.
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Decision-Making Responsibility and Parenting Time: We work with parents to develop parenting plans that prioritize the needs of their children and support a constructive co-parenting relationship going forward.
Our Approach to Common Law Separations
Cohen Highley approaches every common law separation with a commitment to help clients move through a difficult process with as much clarity as possible. We begin with a confidential consultation to understand your specific circumstances, including the nature and length of your relationship, what property and financial matters are involved, whether children are part of the picture, and what your priorities are going forward. From there, we work with you to identify the most appropriate path forward.
Where possible, we work toward a resolution outside of court through negotiation, collaborative law, or mediation. These approaches are typically faster, less costly, and easier on families. Once a resolution is in place, we remain available to assist with any follow-up matters that arise as your circumstances evolve.
Why Choose Cohen Highley LLP
Our family law team brings decades of experience to common law separation matters across a wide range of circumstances, from straightforward uncontested agreements to complex property disputes and contested parenting arrangements. We hold ourselves accountable for the quality of our work on every file, and we are committed to meeting the needs of our clients while acting fairly, firmly, and with integrity. That means giving you honest advice about your position and pursuing the outcome that genuinely serves your long-term interests. If you want to learn more about our common law separation services, please contact us.
Frequently Asked Questions
When is a couple considered common law?
For family law purposes, there are two scenarios for a couple to be considered “Common Law”:
- Two people who have continuously lived together in a conjugal relationship for three or more years.
- A couple that has a child together, whether they had the child through birth or adoption, and have been in relation of some permanence.
What is a common law Separation Agreement?
A common law 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 amicable, it is best written by a lawyer; moreover, both parties should retain independent legal counsel to review and sign the document and advise the individuals of their legal rights and responsibilities.
Do common law partners have to go to court to separate in Ontario?
No. Many common law separations are resolved through a negotiated Separation Agreement, without any court involvement. A Separation Agreement that addresses property, support, and parenting arrangements can be a complete resolution on its own. Court is typically a last resort when agreement cannot be reached.
What is the difference between common law separation and divorce?
Divorce is a formal legal process that applies only to married couples and requires a court order to dissolve the marriage. Common law partners do not need a divorce to end their relationship, as there is no marriage to dissolve. However, common law couples still need to address the same practical and legal issues as divorcing spouses, including property division, support, and parenting arrangements. These issues are best resolved with the assistance of a lawyer.
What legal rights do common law partners have when they separate in Ontario?
Common law partners do not have all of the same automatic property rights as married spouses. Each partner generally retains ownership of property held in their own name. However, rights related to child support, spousal support, and parenting time apply to common law couples in the same way they do to married couples. Where one partner made significant contributions to property owned by the other, there may be grounds to pursue a legal claim. The specific rights available to you will depend on the details of your relationship and financial situation, which is why legal advice tailored to your circumstances is important.
Can a common law partner make a claim to property held in the other partner's name?
In some circumstances, yes. Ontario courts recognize the legal doctrine of unjust enrichment, which may allow a common law partner to seek compensation or an interest in property they contributed to, even if that property is registered solely in the other partner’s name. These claims are assessed based on the specific facts of the relationship, including the nature and extent of the contributions made. Whether a claim is available and likely to succeed depends on the details of each situation, and obtaining legal advice early is strongly recommended.
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