Area of Law: Family Law
Answer # 0141
Separation agreements for common-law relationshipsRegion: Ontario Answer # 0141
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. 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.
Getting the legal advice and help you need
If you are about to separate or have recently separated, a lawyer can help you understand your legal rights and ensure that your interests are protected. It is advisable to get the legal help that’s right for you. If you are considering representing yourself in a family law matter, you may wish to get help from The Family Law Coach. Their experienced family law lawyers can provide information, legal assistance, advice and practical tips to help you prepare your case and improve your outcome. They provide specific services for fixed prices, and you only pay for the services you want. If you are considering hiring a lawyer to represent you, for legal advice and assistance regarding separation agreements and common-law relationships, and other family law matters, contact a family law lawyer.
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