Toronto Family Lawyers Representing Common Law Couples

Common law relationships in Ontario are recognized under family law and differ significantly from traditional marriages. Couples in a common law relationship live together in a committed partnership without being legally married. Knowing your rights and responsibilities in such relationships is crucial, especially when the relationship ends. At Devry Smith Frank LLP (DSF), our experienced lawyers offer the necessary guidance to handle the complexities of common law relationships and ensure your interests are protected. Whether you are starting or ending a common law relationship, we provide support every step of the way.

Rights of Common Law Spouses in Ontario

Knowing the rights of common law spouses in Ontario is crucial for protecting your interests. While common law marriage in Ontario does not provide the same legal status as traditional marriage, common law partners do have rights related to property, spousal support, and child custody. It is important to know how these rights apply to your specific situation and to seek legal advice if you have any concerns. DSF is here to help you understand your rights and provide the necessary legal support, ensuring your legal standing as a common law partner is recognized and defended.

Factors Considered in Child Custody Decisions

When determining child custody arrangements, courts in Ontario consider a variety of factors to ensure that the final decision serves the best interests of the child. These factors include:

  • The Child’s Needs: The physical, emotional, and psychological needs of the child are paramount. This includes considerations such as the child’s age, health, and any special requirements they may have.
  • Parental Ability: The ability of each parent to meet the child’s needs, including providing a stable home environment, is closely examined. This involves assessing each parent’s living situation, employment stability, and overall capability to care for the child.
  • Parental Involvement: The level of involvement each parent has had in the child’s life prior to the separation. Courts look favorably upon parents who have been actively engaged in their child’s upbringing.
  • Child’s Wishes: Depending on the age and maturity of the child, their own preferences may be taken into account. This is particularly relevant for older children who can express a clear and reasoned preference.
  • Sibling Relationships: Maintaining continuity in sibling relationships is important. Courts strive to keep siblings together whenever possible to provide stability and support.
  • Cooperation Between Parents: The ability of the parents to communicate and cooperate effectively is crucial, especially in joint or shared custody arrangements. A history of conflict or unwillingness to collaborate can impact the court’s decision.

Property Division in Common Law Relationships

In Ontario, property division for common law couples differs from that for legally married spouses. Unlike in marriages, there is no automatic right to an equal division of property acquired during the relationship. Each partner generally retains ownership of the property they brought into the relationship or acquired individually. However, disputes can arise over jointly purchased assets or contributions made by one partner to the other’s property. At DSF, we can assist in these disputes and find equitable solutions, ensuring that your property rights are respected and upheld.

Spousal Support for Common Law Couples

While common law partners are not automatically entitled to spousal support, they may still seek it under certain conditions. Eligibility typically depends on the length of the relationship and whether one partner was financially dependent on the other. Factors such as contributions to the household, sacrifices made for the relationship, and economic disadvantage resulting from the separation are considered. At DSF, we assist in determining eligibility for spousal support and guide you through the claim process, advocating for your right to fair financial support.

Child Custody and Support in Common Law Relationships

When common law couples with children separate, issues of child custody and support need to be addressed. The law treats these matters similarly to those involving legally married couples, focusing on the best interests of the child. Determining custody involves considering factors such as the child’s needs, the parent’s ability to provide care, and maintaining stability for the child. Child support is typically calculated based on the income of both parents and the needs of the child. Our team at DSF handles these sensitive matters, working to facilitate custody arrangements and support payments that are fair and in the best interests of the child. We prioritize the welfare of your children in all of our solutions.

Common Law Separation in Ontario

Common law separation in Ontario involves addressing various legal aspects to work towards a fair and smooth transition. Unlike married couples, common law partners do not need to go through a formal divorce process, but they must address issues such as property division, spousal support, and child custody. DSF offers comprehensive legal assistance to guide you through the separation process, ensuring all legal matters are addressed thoroughly and effectively. We aim to achieve a fair settlement, allowing you to move forward with confidence.

Why Choose DSF for Common Law Relationship Issues

Choosing the right legal representation can make all the difference in common law relationship matters. DSF offers:

  • Extensive Experience: Our lawyers have a deep understanding of the unique challenges faced by common law couples.
  • Personalized Attention: We provide tailored legal strategies that address your specific needs and circumstances.
  • Strong Advocacy: We are dedicated to protecting your rights and interests throughout the legal process.
  • Clear Communication: We keep you informed and involved at every stage, ensuring you understand your options and the progress of your case.
  • Proven Success: Our track record of successful outcomes in common law relationship cases demonstrates our commitment to achieving favorable results for our clients.

We have multiple convenient locations in Toronto, Whitby, Barrie, and other areas to better serve our clients. Find the nearest office by calling 416-449-1400 or visiting our locations page. Trust DSF to provide the expertise and support you need for your common law matters.

Common Law Relationships FAQs

Common law partners have the following legal rights:

  • Child and spousal support under the Family Law Act;
  • Canada Pension Plan (CPP) and Old Age Security (OAS) benefits; and
  • Any contractual rights included in a cohabitation agreement or other domestic contract.

Pursuant to the Ontario Family Law Act, you are in a common law relationship if you and your partner:

  1. have cohabited for a period of three years or more; or
  2. are the parents of a child, through birth or adoption, and in a relationship of some permanence, regardless of cohabitation.

There are several means in which you can prove that you and your partner are in a common law relationship:

  • proof of cohabitation, such as:
    • documents that show that you and your partner jointly own or rent a residential property;
    • proof of joint utility accounts, such as gas, electricity, Internet, and phone bills;
    • documents showing that you and your spouse have the same legal address, such as your driver’s license and insurance policies;
  • testimonials from your friends and family that you are in a serious, marriage-like relationship;
  • photos of you and your partner together;
  • if you share children, birth certificates or adoption records listing the names of you and your partner as parents; and
  • proof of communication between you and your partner demonstrating a marriage-like relationship, such as text messages, emails, or conversations on social media platforms.

Although common law partners do have some of the same legal rights as their married counterparts, there remain some disadvantages to common law relationships, including:

  • Property Rights: Common law couples have no matrimonial property rights, including the right to equalization of marital property and special rights to the matrimonial home. If you want to make a property claim against your former common law partner, you will have to apply for equitable relief, such as claims for constructive or resulting trusts and unjust enrichment; and
  • Rights upon Intestacy: Common law couples have no rights to their deceased partner’s estate if they die intestate, or without a Will. In contrast, under the Succession Law Reform Act, married couples get their entirety of their deceased partner’s estate if they die without children or other issue. If the deceased did have children or other issue, then their spouse still gets a preferential share of the estate, which represents the first $350,000. If he value of the estate exceeds the preferential share, then the remainder is split between the spouse and issue of the deceased.

Yes. So long as you have been living or have lived with your partner for at least twelve consecutive months in a marriage-like relationship, they can be considered your common law partner for immigration purposes. You can apply under the Spouse or Common-Law Partner in Canada class if your common law partner lives with you in Canada. Your common law partner must have either (a) temporary residence status or (b) be exempt from needing temporary residence status under public policy. For (b), your common law partner qualifies only if they are inadmissible because they:

  • overstayed a visa, visitor record, or work or student permit;
  • worked or studied without being legally allowed to do so;
  • entered Canada without the required visa or other documentation; or
  • entered Canada without a valid passport or travel documents, so long as they have valid documents by the time they are granted permanent residence.

However, if your partner is inadmissible for other reasons, then they do not qualify for this exemption and you must rectify their inadmissibility before you can sponsor them for permanent residence.

Unlike for married couples, there are no formal or legal requirements or steps that you must take to end a common law relationship. Individuals in a common law relationship can terminate the relationship at any time, for any reason, without outside interference.  

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