Marriage is not for everyone. However, if you are living with a partner or have a child with them, you may be legally considered to be in a common law relationship under Ontario law. Many people find this arrangement preferable over a traditional marriage because of the flexibility it offers, but there are significant differences that could affect your rights.
If you are having an issue with your partner, consult with an Oakville common law relationship lawyer at The Riley Divorce & Family Law Firm. Our team of family lawyers is available 24 hours a day to provide advice and guidance for your specific situation.
The criteria for a common law relationship vary depending on the province where you reside, but a period of cohabitation or a combination of time and some indicator of permanence is required.
In Ontario, two people are considered to be in a common law relationship if they have lived together continuously for at least three years. They may also satisfy the criteria if they have a child together, either by birth or adoption, and have been living together. A child generally shows the couple is committed to each other and the family for the purposes of permanence.
Of course, not everyone wants or can show their commitment through children. So, courts could use other factors, such as:
No single factor determines a common law relationship, and legal representation may be necessary to advocate for an Oakville couple in court.
While it may be preferable for some, both marriage and common-law relationships still involve complications. Our Oakville lawyers are experienced with common law partnerships and support and guide couples through the separation process. Spouses in a legal marriage are afforded certain rights and privileges not available to those in a common law relationship. The biggest one is the division of property. Married spouses have a right to property acquired during the marriage, but those in a common law relationship have separate ownership of everything.
This becomes important if the couple decides to separate. A marriage must be legally dissolved, which includes dividing the property. Common law couples do not have to go through this legal process, but it can get complicated if they have an interest in real estate, business, or high-value items.
However, there are some similarities. For instance, both married and common law spouses may be entitled to financial support from the other spouse after a separation. Additionally, both parents, regardless of their marital status, have rights and obligations towards their children.
Every relationship has ups and downs, but you do not have to face the difficult times alone, especially when they pertain to significant legal questions. An Oakville common law relationship lawyer from The Riley Divorce & Family Law Firm could help you find a fair solution to your situation. Our team is available 24 hours a day to handle your needs. Contact our firm today to speak with a member of our team.
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