What is Common Law Marriage?

A common law marriage is when the courts recognize that a couple had a long enough relationship to qualify as a legal marriage even if they never formally married. Common law marriages can be very important when the common law relationship ends, as it can mean the assets go through marital property division, and child support and spousal support may come into play.

What is Common Law Marriage in Ontario?

If you’re not sure if your relationship may qualify as a common law marriage, it’s a good idea to discuss your situation with a family law lawyer. If it does, you could be entitled to certain rights and provisions, and these are important to know before you end the common law relationship so you can take the proper steps.

What Qualifies as Common Law Marriage in Ontario?

To qualify for a common law marriage in Ontario, a couple must live together for at least three years. They have to live together in the same residence without any breaks. This means that a couple who broke up after two years and lived apart for a month before getting back together would restart the clock on whether the relationship qualified for a common law marriage recognition.

An exception is made for couples with children, either biological or adopted. In these cases, the couple only has to continuously live together for one year for the relationship to meet common law marriage requirements.

Common law marriage is based on the concept of a conjugal relationship, meaning the couple shares a romantic and sexual relationship, lives together, and functions as a family unit. It is important to understand that simply living together or sharing expenses does not automatically create a common law marriage. The courts look at the overall nature of the common law relationship, including emotional support, shared responsibilities, and public perception.

What Happens When You Want to End a Common Law Marriage?

A common law marriage can be ended like any other relationship: at the request of either or both parties. In some cases, the relationship can simply dissolve, and both people go their separate ways, but if there are children or joint property involved, things can get more complicated.

In these situations, the common law marriage is recognized by the courts, which means that a child support order or spousal support order may be issued.

When ending a common law marriage, it is important to consider the division of property. Unlike legally married spouses, common law partners in Ontario do not have automatic rights to equal division of property acquired during the relationship.

However, they may be entitled to claim a share of the property through legal principles such as unjust enrichment or constructive trust if they contributed financially or otherwise to the acquisition or maintenance of the property.

Spousal support may also be available to common law partners under Ontario’s Family Law Act if one partner is financially dependent on the other or if there has been a significant disparity in financial stability as a result of the relationship or its breakdown. The length of the relationship, roles during the relationship, and financial needs are factors that the court considers when determining spousal support.

Because the legal implications of ending a common law marriage can be complex, consulting with a family law lawyer is advisable to understand your rights and responsibilities fully and to ensure that any agreements or court orders are properly handled.

Do I Need a Divorce Lawyer for a Common Law Marriage?

If your relationship qualifies as a common law marriage and you are ending it, you may want to consult with a divorce lawyer to ensure you are aware of all of the potential consequences and your rights.

If there are children or joint assets involved, talking with a lawyer can help you understand your options, and they can help you start the paperwork for a child support order or custody arrangement.

A divorce lawyer experienced in family law can also assist in navigating complex issues such as spousal support claims, property rights, and enforcement of any agreements made during the relationship. Unlike legally married couples, common law partners do not have automatic entitlement to property division, so legal advice is crucial to protect your interests.

Additionally, a lawyer can help draft or review separation agreements or cohabitation agreements, which can clarify financial responsibilities and other important matters during and after the relationship breakdown. This legal guidance can minimize conflicts and provide a clearer path forward.

To find out more about how Ontario recognizes common law marriages and what this may mean for the end of your relationship, contact our office at 647-933-2397. Our lawyers can talk with you about your circumstances and provide counsel on your options.