Does a Common Law Marriage Require a Divorce?
Some Canadian residents may be confused about the rights of parties who have a common law relationship or a common law marriage. The idea of possibly having to file for divorce might be lingering within some common law married people’s minds. A certified, respectable divorce lawyer can answer any questions a person may have about the process of separating. This person would also be able to assist with some legal paperwork that can benefit both parties of this type of relationship from the beginning.
What is a Common Law Marriage in Ontario?
A common law relationship is a recognized classification of two people who live together in the same home for at least three years. After being a couple and sharing the same dwelling for more than three years, society will consider some Canadian couples as common-law married. The “spouses” are able to obtain certain benefits that married people can receive. The common law spouse is eligible to add his or her common law spouse to the health insurance policies. Additionally, a common law spouse can receive survivor benefits if the other person dies.
Related: Read our complete guide about Ontario common law, including property division & child support obligations.
Does a Common Law Marriage Require a Divorce?
Since a common law relationship does not require any legal documentation or ceremony, it is not eligible for divorce. Legally, the two persons are not married, but they have certain privileges of married couples. When two people of this status decide to separate, they simply separate when it is over. However, if there is an existing cohabitation agreement, then one of the persons can ask for relief based upon the original agreement. Additionally, the spouse with a lower income may be able to request spousal support if he or she has a solid case. A family law attorney can help to put the case into perspective.
Why You Should Hire a Divorce Lawyer
The reason that a common-law married couple should still hire a divorce lawyer despite the lack of a legal marriage is fairness. A common-law married couple with children that chooses to separate will still want to have an attorney handle matters such as child support, custody and visitation. Some issues about the shared property may also require clarification from an attorney. A couple’s best recourse is to schedule a consultation and gain more insight on the matters.
Divorce lawyers in Toronto range in price and quality. Here at Fine & Associates, all of our family lawyers are trained and knowledgeable in the areas you seek help. Schedule a free consultation about your common law situation.