Common-law relationship

Common-Law Relationship is defined by Ontario’s Family Law

In Ontario, a common law relationship is defined under the Family Law Act. Many people wonder about the differences between marriage vs common law, especially when it comes to property rights, child custody, and financial support.

What is a Common Law Relationship?

You may be considered in a common law relationship if:

You and your partner have lived together continuously for at least three years, but are not married.
You are in a committed relationship and share a child together.

Unlike marriage, common law and marriage rights are not the same. For example, common-law couples do not have automatic rights to share in property or the “matrimonial home” unless there is a legal agreement in place.

How one is qualified for a Common Law Relationship

The Judge will consider certain factors in order to qualify an individual to be in a Common Law Relationship

Do the unmarried couple have children together?
Does the unmarried couple reside together?
Does the unmarried couple support each other financially?
Does the unmarried couple share an intimate relationship?

If you are looking for Legal Advice for Common Law Separation and Child Custody, Juzkiw Law Firm might help you with the advice to Obtain Legal Representation from a Specialized Lawyer. Our firm specializes in Family Law such as Child Support, child custody. To protect your rights, Contact Juzkiw Law today – (416) 221-2221

FAQs About Common Law Relationships

1. Is common law the same as marriage in Ontario?

No. Marriage vs common law comes with very different legal rights. Married couples automatically share rights to property and the matrimonial home, while common-law couples do not.

2. What’s the difference between common law and marriage for property division?

In Ontario, married spouses divide property equally after separation. Common-law partners, however, do not automatically share in property ownership. This is one of the key differences between common law and marriage.

3. Do I need a lawyer if I’m separating from a common law partner?

Yes. A common law lawyer can explain your rights to support, custody, and property, and represent your interests during negotiations or court proceedings.

4. How long do you have to live together to qualify as common law in Ontario?

Typically, you must live together for at least three years, or be in a permanent relationship with a child together.

5. Can a lawyer help with custody and support issues in common law cases?

Yes. Our common law lawyers at Juzkiw Law Firm regularly assist clients with child custody, support, and parenting arrangements following separation.