When a couple decides to separate in Ontario, Canada, they may be subject to a separation agreement. This agreement outlines the terms of their separation, including division of assets, child custody and support, and spousal support. However, for those in a common law relationship, the process can be slightly different.
In Ontario, common law couples are not legally married, but they may still be entitled to certain benefits and obligations, including the right to seek spousal support. However, to do so, they must first establish that they are in a common law relationship.
To be considered common law in Ontario, a couple must have lived together for at least three years or have a child together and have “cohabitated in a relationship of some permanence.”
Once this is established, the process of creating a separation agreement for common law couples is similar to that of married couples. The agreement must outline the terms of their separation, including the division of assets, child custody and support, and spousal support.
However, there may be additional considerations for common law couples. For example, if one partner owned a property before the relationship began, they may be entitled to that property after the separation. Additionally, common law couples may be subject to different tax laws than those who are married.
It is important for common law couples in Ontario to work with a lawyer experienced in separation agreements to ensure their rights are protected. Additionally, they may wish to consider mediation or arbitration as a way to reach a mutually agreeable separation agreement without going to court.
In summary, separation agreements for common law couples in Ontario follow a similar process as those for married couples. However, there may be additional considerations and it is important for couples to work with an experienced lawyer to ensure their rights are protected.