Common Law Divorce in Ontario
In Canada, the concept of common law marriage doesn't exist. As a result, there is no true "common law divorce" in Ontario. Instead, couples who decide to cohabit without being legally married are granted some of the same rights as a legally married couple has when their marriage breaks down.
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Living Together
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Under Ontario law, a couple who shares the same home for a short time is not considered to be in a common law relationship. The couple must have been in a relationship similar to that of a married couple for either a minimum of three years or had a child together to meet the legal test of a common law relationship. While the couple does not need to get a common law divorce in Ontario to end their relationship, they may need legal assistance to unravel their financial affairs after a breakup.
Property Division
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When a married couple splits up in Ontario, each person retains ownership of any property they had before the marriage. Assets accumulated during the marriage are divided equally between them. Each person may take a share in cash after the property has been sold or the share may be a combination of cash and assets.
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Property and Cohabitation
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Since common law couples in Ontario are not subject to divorce laws, the situation is a little different. People who choose this living arrangement are not automatically entitled to a division of property when their relationship ends. In most cases, each person takes the property they bought during the relationship. A common law partner who wants to make a claim for a share of his former partner's property must prove to the court that the partner unjustly benefited from his contribution to the relationship.
Support
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When a legal marriage breaks down, each spouse is entitled to receive support from the other. When the relationship is common law, divorce laws in Ontario don't apply unless the couple were together long enough to establish a recognized common law relationship. Parents are required to provide financial support for their children, whether they were legally married or not.
Cohabitation Agreement
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Since common law divorce in Ontario doesn't exist, couples who want to live together without being married may want to consider entering into a signed cohabitation agreement. This legal document sets out each person's rights and responsibilities if the relationship breaks down. The text can cover division of property, financial support for a partner and any children born during the relationship, as well as other issues the couple wants to address. A lawyer should be consulted before signing the agreement.
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References
- Photo Credit couple arguing image by Luisafer from Fotolia.com
