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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Featured Articles
Uncontested Divorce
Uncontested Divorce Article by Erin Burns Ending a marriage is a major life change, but if you and your spouse have finalized a Separation Agreement, the steps toward divorce are often simpler than expected. With the hard work of reaching an agreement behind you, the...
What Are Notional Taxes?
What Are Notional Taxes? Article by Ken Fraser When spouses separate in Ontario, it is often necessary to address issues that relate to the assets and liabilities owned by each spouse. To properly address these issues, the spouses must know the accurate value for each...
The Importance of Financial Disclosure in Family Law
The Importance of Financial Disclosure in Family Law Article by Ken Fraser In Family Law, Judges have consistently described the duty to disclose financial information as the most basic obligation in Family Law. Judges have raised concerns that the failure to abide by...