Common law separation refers to the end of a relationship between two people who have lived together in a committed, conjugal relationship without being legally married. While the emotional and financial challenges of a common law separation are similar to those faced by married couples, the legal rights and obligations of common law partners differ significantly. Issues such as property division, spousal support, and child custody can become complex, and understanding your rights is crucial to protecting your interests.
Our experienced family lawyers at Kavita V. Bhagat Family Law Solutions are here to guide you through every step of the separation process, ensuring a fair and equitable outcome.
Key Legal Considerations in Common Law Separation
Property Division
Unlike married couples, common law partners in Canada are not automatically entitled to an equal division of property acquired during the relationship. Property generally belongs to the person who purchased or holds title to it. However, common law partners may make claims for a share of property if they can prove financial or non-financial contributions to its acquisition or maintenance, often through legal principles such as unjust enrichment. Our lawyers can help you understand your property rights and pursue a fair resolution, even if your name is not on the title.
Spousal Support
Common law partners may be entitled to spousal support (also known as alimony) depending on the length of the relationship or whether the couple has children together. In most provinces, including Ontario, spousal support is typically available to partners who have lived together for at least three years or for a shorter period if they have a child and the relationship is considered permanent. Our team will help you determine your entitlement to spousal support or defend against a claim, ensuring that your financial interests are protected.
Child Custody and Support
Common law partners with children are subject to the same legal responsibilities as married couples when it comes to child custody, parenting time, and child support. The best interests of the child are the primary consideration in these cases. Our lawyers can assist in negotiating custody arrangements and parenting plans that prioritize your children’s well-being, while also ensuring that child support is calculated fairly and in accordance with legal guidelines.
Cohabitation Agreements and Separation Agreements
If you entered into a cohabitation agreement during your relationship, it can help clarify the division of property, spousal support, and other financial matters in the event of a separation. If you did not have a cohabitation agreement, creating a separation agreement can help both parties reach a mutual understanding about financial obligations, property division, and parenting arrangements. Our lawyers can assist in drafting, reviewing, or enforcing these agreements to ensure your rights are protected.
Pension and Benefit Entitlements
In some cases, common law partners may be entitled to a share of their partner’s pension, CPP (Canada Pension Plan) benefits, or other financial entitlements after separation. The rules around pension division can vary, so it is essential to understand your entitlements and how they may affect your financial future. Our legal team can guide you through this process, ensuring that you receive any benefits or pension payments you are entitled to as a common law partner.
Why Choose Family Law Lawyers?
At Kavita V. Bhagat Family Law Solutions, our experienced family lawyers understand the unique legal challenges that arise during a common law separation. We provide compassionate, personalized advice to help you navigate the complexities of the separation process, ensuring that your rights are protected and your financial interests are secured. We offer:
Tailored Legal Guidance: We help you understand your legal rights and obligations as a common law partner, providing clear advice on property division, spousal support, and child custody.
Property and Financial Dispute Resolution: Whether you are seeking a fair division of property or defending against claims, our lawyers will represent your interests and work toward a just resolution.
Spousal Support Assistance: We provide expert guidance on your entitlement to spousal support or help defend against claims, ensuring a fair outcome that reflects your financial circumstances.
Child Custody and Support Representation: Our team prioritizes the well-being of your children, helping you establish fair parenting plans and child support arrangements that meet their needs.
Separation Agreement Drafting: We assist in drafting, reviewing, and negotiating separation agreements, ensuring that all key issues are addressed and your interests are safeguarded.
Protect Your Rights During a Common Law Separation
A common law separation can raise complex legal issues, particularly regarding property rights, spousal support, and child custody. Whether you are separating from your partner or need assistance with financial and parenting arrangements, our family lawyers are here to provide the legal guidance and support you need.
Contact Us Today
If you are going through a common law separation, it is essential to understand your legal rights and obligations. Contact Kavita V. Bhagat Family Law Solutions today to schedule a consultation with one of our experienced family lawyers. We will review your situation, explain your options, and work with you to achieve a fair and equitable outcome. Let us help you navigate the challenges of common law separation with confidence and peace of mind.