Family lawyers often get asked how long it takes to be considered common law in Ontario. Most people hear that it is two or three years of living together before they have the same legal status as a married couple.

Most people think that if they have a child while living together, they are automatically considered common law. The truth is that these are just general guidelines.

Most people in Ontario with a common law issue talk to a family law coach instead of a lawyer. Coaches are much cheaper and can settle the issues without going to court (hopefully.) Contact us, and we will connect you with a common law separation coach.

How Long You Have Been Living Together

More important than how long you have been living together is how you have been living together. A family judge might deem you a common law if you are not legally married but act like a married couple. The proper term for people who follow common law is “spouses.”

If you have legal issues, do it right and get a family lawyer. At the end of this article, you can see how complicated common law is. The Family Law Act is complex, and judges often rule differently.

If you want a legal opinion letter for $150, the top lawyers can help. The lawyer will let you know if they think they are common law. The lawyers can also help you work on a separation agreement. This is usually the first step in a common-law dispute. If the parties can’t sign the separation agreement, it’s time for the next steps. These steps might be taking your common-law partner to court. This will mean that a judge can decide what is fair.

Living In A Common Law Relationship

You should speak with a family lawyer if you are going through a common-law separation. The lawyer can help you with a separation agreement or file something in court. If your ex filed something, the lawyer can help you respond. Once you hire a lawyer, you want to ensure you get proactive updates. You don’t want to wonder what is happening with your case.

It would be best to have a lawyer who listens to what you want and doesn’t dominate you. Many people hire a lawyer for reassurance from someone who understands the law. It can be hard to sleep when dealing with separation and dividing assets. Having a legal professional in your corner can help you relax.

Ending a common law relationship in Ontario

Some people think they must file papers with the government when they end a common law relationship in Ontario. This is not the case. You are not married. As long as neither party wants to start litigation, there is no legal issue or paperwork.

However, if one party wants to ask for compensation, then it starts getting complicated. The exception is if you have children. If you have children, it doesn’t matter if you are single, common-law, or married. There will be a significant legal situation. To reinforce this point, there is no legal paperwork when you want to end a common-law relationship. You break up.

Cohabitation Agreements in Ontario

Common-law relationships are sometimes treated as marriages, and others are not. Sometimes, people get spousal support after a breakup; other times, they do not. If you have questions about common-law marriage, it’s best to speak to an attorney in your area. We can connect you with one.

A cohabitation agreement is a contract between two parties living together in a relationship. Common law does not cover people who are friends who live together. It often covers how expenses are going to be covered. It also covers details surrounding bank accounts and debts. Most people think that if you live together for some time or have a child under any circumstance, you are married by common law.

Bring A Claim In Ontario

You will need a separation agreement if you and your common-law partner are splitting up. We have lawyers who can prepare these agreements at a low cost. Most of the time, property division is the most important thing people want from the separation agreement.

Common-law couples should sign a cohabitation agreement before moving in together to indicate they do not want to marry. The domestic deal about the family home must be straightforward, as most people want to split it 50/50.

Many people look up how to file as common-law couples in Canada. We assume they want to file taxes with the CRA as a common-law couple.

Speaking to an accountant about this would be best instead of a lawyer. Before filing together, you might want to talk to a lawyer about a cohabitation agreement. However, an accountant can help you with the actual process of filing your taxes together.

De Facto Partnerships in Ontario

Some people don’t believe in marriage but have been living together for a while and want to purchase property together. The Divorce Act governs divorces in Canada. With common law, the rules can be different from province to province. If you want a cohabitation agreement, speaking to a lawyer in the province where you are located is essential.

An example of a provincial difference is that common law is called “adult interdependent partners” in Alberta. People are considered common law after living together for three years or if they have a child while living together.

Spouses must live together for two years in Halifax before they are entitled to spousal support. They are not able to get a percentage of property or vehicles. If they want marriage rights, they must register as a “domestic partnership.”

When Do Most People Reach Out To A Family Lawyer?

Many people hear that common law occurs at the two-year point; others hear from friends that it appears at the three-year point. Regardless of what you heard, it’s best to speak to a family lawyer if you have concerns. When someone reaches out to our affordable lawyers, they have lived together a few months, less than two years.

One of the parties, usually the one who has a bunch of properties, wants to get a common law agreement signed so they can protect their assets. They typically have had a few discussions with their partner, and the partner has said they are open to signing something.

Things often get awkward when our top lawyers tell the caller their spouse will need to get independent legal advice (ILA). Sometimes, people say they want a common-law divorce. You can’t get a common-law divorce because if you were married, you would just be getting a regular divorce.

If you have been presenting yourself in the community as a married couple or have a relationship that looks like marriage, you are likely common law.

Non-Marital Unions in Ontario

The time requirement is just a guideline. If you have concerns about establishing a joint law agreement, do so as soon as possible. Don’t start a marriage-like relationship and wait for a specific date to develop the domestic deal.

Some people think one year means common law; others believe it’s 2 or 3 years. We have heard seven years means common law before. All that one spouse needs to prove is that you had a marriage-like relationship. You will likely be found to be common law.

How does one person prove that they have a marriage-like agreement? Maybe they share life insurance coverage through an employer. Maybe they file joint tax returns. Did you have children together? There are many ways to do it.

Marriage can be exciting; make sure to do it correctly. When you break up as a common-law couple, you need something to finalize it. You don’t want to be on the hook for your partner’s future debts or liabilities. You will need a law firm to create a separation agreement for you.

Matrimonial Home

The Supreme Court of Canada has said that people who get married have automatic rights to family properly. There is no presumption of 50/50 with common law. There is no common law marriage; it’s not a marriage. It’s a common-law partnership. When married, you are either married or not. Common law people often don’t want to commit to a marriage-like relationship.

If you marry and are a spouse, there is an automatic right to spousal support. There is no right to spousal support with common law unless you live together in a marriage-like relationship. Things are very complicated with family law. Lawyers have said it’s unfair that people are together as common law for 20 years, and one spouse gets nothing.

If two or more people work together to acquire assets, and one is enriched and loses, there should be a right to equalization payments.

Common-Law Relationships In Ontario

So, when you call us, we can’t say if you will get 50/50. No lawyer can tell you what a judge would rule. The person who loses out should receive a percentage, but it might not be 50/50. The courts might say a joint family venture exists if you act as husband and wife. So, the courts might treat you as a married couple. If you have questions about common law in Ontario, get a lawyer to help you. Don’t risk it.

Common law relationships can be complicated. Unlike married spouses, spouses in a common-law relationship do not have any statutory property rights. Therefore, this means that common-law spouses do not have automatic rights. Also, this applies to a division of property outlined in legislation.

Did you and your common-law spouse separate? Their property rights will be determined per the ownership of the property. Spouses are entitled to retain all property that is in their sole name. Further, they might be entitled to any property held jointly, which will be divided proportionately to the ownership share held by each spouse.

What defines common law in Ontario?

Family law can be complicated. Do you know about unjust enrichment? How about constructive trust? Speak to a lawyer to get legal advice. Being in a common-law marriage is mostly the same as being married, but it depends on where you live. It’s usually the same as if you married before a judge. But when common-law couples get “divorced,” it’s called separation.

However, the division of property for common-law relationships does not end there.

Suppose one spouse thinks the other spouse has received property due to their contributions, and that division according to ownership only results in an unfair property division. In that case, they can apply to the court to adjust the division under trust principles.

Domestic Partnerships in Ontario

Upon application, the court will determine whether the property should be divided. This is based on whether the non-owning spouse should receive a portion of the property. Typically, the property division for common law spouses will be addressed through the trust principle of unjust enrichment.

To establish an unjust enrichment claim, the applicant must show:

a) Enrichment of the other spouse;

b) Deprivation suffered by the applicant (monetary or otherwise), and

c) There is no legal reason for the enrichment.

When are you considered common law in Ontario?

Family law can be expensive if both spouses cannot agree on terms. Reducing costs is often a key concern. Even alternative methods to the court system, such as mediation or arbitration, can sometimes be expensive.

One of every client’s most significant concerns is reducing their legal fees. Here are some ideas on how you can keep your legal costs down. Speak to a law firm for help with common law in Ontario.

Make sure you provide concise information to your lawyer.  Know the values of your assets, debts and income. Gather the documentation to support your financial picture.

This includes bank account information, income tax returns, pay stubs, credit card statements, mortgage documents, and pension reports. Regarding court steps, provide your lawyer with a detailed chronological written account of what has happened.

Unmarried Cohabitation in Ontario

If you believe you should have sole custody and have concerns about the other parent, write them down. If you claim you should receive spousal support because you gave up your career to assist your spouse, write down the employment details.

Anything that can be done on your end to get information to your lawyer concisely will save time and reduce fees—a lawyer’s time trying to figure out what’s going on costs you money.

Note: This tip is a double-edged sword. Don’t send your lawyer mountains of paperwork to sort through. Sort the information yourself and ensure that the lawyer only gets the important details.

The information should directly relate to the points you are trying to make

Try to Come to an Agreement Outside of the Courtroom

Agreeing without needing to proceed to family court will save you money. The best-case scenario is you can agree with your spouse without lawyers. This is often called a “Kitchen Table Negotiation”.

Family lawyers can help you finalize the details of a domestic agreement. If you can’t agree, be willing to negotiate. For the cost of bringing forward one court motion, you can send and receive multiple offers for settlement. Sometimes, the court can’t be avoided, but if you think you can negotiate a settlement, it will take less time and money. Be honest with your lawyer if you believe a settlement is impossible.

Check Your Emotions At the Door

Family law differs from other litigation areas because the subject matter is often emotional. Make sure that you don’t let your emotions take control. Don’t cause conflict with your spouse out of anger over past indiscretions.

Don’t allow yourself to become unreasonable based on your spouse’s previous actions, or your matter will not be resolved. This will significantly increase your legal fees. Try to think about your issues objectively and remove emotion from the equation. It will save you a lot of money in the long run.

Common Law Unions in Ontario

Lawyers charge for emails and telephone calls based on their hourly rate. Family lawyers can quickly charge $350+ per hour. Make sure that when you send an email to your lawyer, it is essential.

The same is true for phone calls. Make sure that phone calls are for a specific purpose and don’t drag on. Don’t talk about the weather. Don’t use your lawyer as an outlet to complain about your spouse or discuss their behaviour.

Don’t send your lawyer every email ever sent to you by your spouse to show how unreasonable they are towards you. Make sure your communications are concise and directed towards a purpose. Reducing costs in family law will make you feel better about the outcome of your case.

In addition to the above tips, one of the best ways to save on legal fees is to sign a domestic contract with your spouse before cohabitating or getting married.

The domestic contract will outline what will happen to your assets and how support will be addressed. This reduces the need to argue about these items during a separation. Do you still have questions about lowering costs in family law? Talk to a law firm. We can connect you with one. Get help with common law in Ontario.