There is no formal process required for common-law couples to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.

Having said that, however, the process of separating can be very complicated, regardless of whether the couple is legally married or living common-law. The end of a relationship involves serious legal and financial matters which must be negotiated and finalised. To get help, call a lawyer now.

In many cases, it is advisable to enter into a separation agreement as soon as possible because the agreement will establish and clarify the rights and obligations of each spouse, including:

• child access and custody,
• child support,
• spousal support,
• division of property, and
• possession of the family home.

The issues covered and legal requirements of separation agreements are essentially the same for legally married and common-law couples. For more information, refer to topic #105 Separation agreements.

Get help

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

The end of a relationship involves serious legal and financial matters which must be negotiated and finalised. To get help, call a lawyer now.

								
You now have 3 options:
								

									
More answers about Family Law
									
Master List: all areas of law
																													
																		
Connect with government offices