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Are we Common-Law Partners?

By August 12, 2019 October 8th, 2019 No Comments

Let’s be honest, most people know the meaning of the term but just as many people are not familiar with the actual requirements for common-law partners. It’s true, the court will look at many factors and circumstances before making a decision and this is especially true when no children are involved.

But is a common-law partner exactly?

Let’s take a look at what you need to know about common-law status in Ontario:

What You Should Know About Common-Law Status in Ontario

Common-law partners are those in which two people have been living together for a length of time. While this relationship does not require an actual marriage ceremony, they must be cohabiting in the context of a conjugal relationship. At the same time, it’s not always a straight forward process…

When it comes to common-law status, cohabitation means a lot more than spending time under the one roof. That is to say, it’s not possible for courts to make a call based on time or numbers, and many intangible factors are needed to make a decision.

For this reason, it’s often a wise decision to consult a legal advisor. Also, it’s important to understand the definitions for “spouse” and “conjugal relations” under Family Law in Ontario:

Spouse – As a rule, a spouse refers to married painters only. More specifically, the Family Law Act in Ontario states that common-law partners are those which have cohabited for three years or more. What’s more, “cohabit” specifically means that these partners must live together in a conjugal relationship.

Conjugal Relationship – a conjugal relationship is one that involves more than just a physical relationship.

And that’s just part of the story…

About Cohabitation and the Implications of Children

Believe it or not, cohabitation does not necessarily mean that the two people must live together. In fact, both partners can live in separate residences and neither home is specified as the shared home.

You see, there is no law that prevents married spikes from having more than one home. In this instance, having multiple homes cannot prevent a person from qualifying as a common-law partner.

It’s true, and the circumstances change yet again if the couple has a child together. That is to say, the length of this relationship or living situation is less significant when this couple has a child together.

With this in mind, the concept of cohabitation is quite often difficult to explain and often the subject of most interest when it comes to a determination in respect of common-law partners.

For this reason, many factors and circumstances will be used during the evaluation process.

Final Thoughts

In order to qualify for common-law status in Ontario, you must meet certain requirements pertaining to Family Law. At the same time, the final decision will also depend on various elements such as economic ties, personal behavior, community activity and children. Either way, each decision will rely on your own unique and specific circumstances, and the eventual outcome is most often the right and fair decision.

By the way, we know that applying for common law status in Ontario can be quite a stressful and daunting task. Get in touch, and we can save you time, money and hassle with your application.

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