Common-Law Separation Lawyers
Advocating for your needs throughout the separation process.
Common-Law Separation Lawyers in Guelph
Have you decided to separate from your common-law spouse? Have you lived with them for an extended period, purchased assets, or had children? Without proper legal support, you may feel overwhelmed logistically by the process and be worried about the outcome. MFC Lawyers is here to support you.
Get tailored legal support and guidance throughout your separation process. Working closely with you, our lawyers will help you through the complexities of common-law separation, ensuring that your legal rights are protected and that the process is as smooth as possible.
— Cathy B."I have been fortunate to be working with Jennifer Eensild! She has been so supportive, professional, attentive, informative, and overall a wonderful individual in my life during a very stressful time. When I am in need of anything from her, she's there. I recommend her to anyone in need of a great lawyer dealing with any family law matter. She is organized, very well-informed, available, and overall lovely. I wouldn't be able to navigate the family court system during this very difficult time in my life without her!"
Property Division in Common-law Separations
Equal division of financial gains and property is not automatically applied to unmarried couples. Typically, each person is entitled to what they brought into the relationship or acquired during it. However, there are exceptions:
Trusts: When property is held in trust for one partner by the other, it may be divided differently.
Unjust enrichment: If one partner has benefited unfairly at the expense of the other, the court may order a different division of property.
Shared ownership of a house: In some circumstances, both parties may be entitled to a portion of the home’s value.
Spousal and Child Support in Common-Law Separation
Sections of the Family Law Act apply to common-law couples who have cohabited continuously for three years or more, or who have cohabited in a relationship of some permanence and have natural or adoptive children together.
If your relationship meets the criteria, you may be entitled to spousal support or be obligated to pay your former partner. Support calculations are generally the same for married and unmarried couples.
Both married and unmarried parents have a legal duty to support their dependent children. If your common-law partner has a child from a previous relationship that has been living with you, you may be considered the child’s parent for the purposes of child support.
Parents in common-law relationships can apply for custody of or access to a child, including those deemed parents for child support purposes
How Our Firm Can Help You
MFC Lawyers will provide expert guidance in navigating the complexities of common-law separation with our services, including:
- Drafting separation agreements
- Handling property division
- Addressing child custody and support issues
- Determining spousal support
- Facilitating mediation and dispute resolution
Confidently move through the common-law separation process, protecting your rights and interests at every step with our lawyers at your side.
FAQs About Common-Law Separation
Click to read answers to some of our most frequently asked questions about common-law separation.
In Ontario, common-law spouses may be entitled to spousal support and child support, but do not have the same automatic rights to property division as married couples. Property claims may be made based on contribution or trust principles.
When common-law couples separate, they must resolve issues such as child custody, child support, and spousal support. Property division is not automatic
While not required, it is advisable to have a lawyer review and draft a separation agreement in Ontario to ensure it is legally enforceable and reflects the best interests of both parties.