Common-Law Separation
Ontario recognizes common-law separation, also referred to as de facto or unmarried couple separation, when two individuals live together in a conjugal relationship without being married for a specific period. The duration of the relationship is determined by factors such as cohabitation while presenting themselves as a married couple, length of the relationship, and their commitment level to each other, regardless of their gender or sexual orientation.
Legal Rights and Responsibilities
In Ontario, common-law couples possess comparable legal rights and duties to those of married couples, like the ability to inherit property, split property in case of relationship breakdown, and make decisions concerning their children. Nonetheless, compared to married couples, common-law couples don’t have the same spousal support access. Also, to be eligible for child custody or support, the common-law relation must be established for a minimum of three years.
Property Rights
In Ontario, common-law couples possess comparable legal rights and duties to those of married couples, like the ability to inherit property, split property in case of relationship breakdown, and make decisions concerning their children. Nonetheless, compared to married couples, common-law couples don’t have the same spousal support access. Also, to be eligible for child custody or support, the common-law relation must be established for a minimum of three years.
Division of Matrimonial Property
In Ontario, couples in common-law relationships could have a right to an equal share of any matrimonial assets earned during the course of their partnership. The matrimonial property includes income and resources acquired prior to or during their relationship. To be eligible for a share in the profits, both parties should present evidence to determine which assets are considered matrimonial regardless of whose name is on the ownership documents.
Determination of Spousal Support Obligations
In Ontario, the regulations for spousal support obligations between common-law couples and married couples are similar. Factors including financial resources, individual needs of each partner, duration of the union, and contributions to the family’s well-being must be assessed. The primary goal is to ensure that both parties can maintain a similar standard of living to what they had during the relationship.
Child Custody and Access
In Ontario, the consistency of regulations regarding child custody and access is maintained whether a couple is legally married or common-law. The court prioritizes the well-being, health, family background, and social connections of the child/children when making decisions about custody and access. If any conflicts arise, it is recommended that both parents attempt to reach a mutually satisfactory agreement before involving the court.
Parental Responsibility
Parental responsibility, also known as legal responsibility, is the term used by Ontario law to describe the rights and duties of parents in relation to their children. This includes things like decision-making about their education, healthcare and religion, contact with extended family members and parenting time. Both parents are responsible for providing financially for their children’s well-being, regardless of who has custody or access.
Custody and Access
In Ontario, custody refers to the legal responsibility for a child’s physical care on a day-to-day basis. Access (or parenting time) is the right of both parents to have meaningful interaction with their child or children despite any unique living arrangements. This includes ensuring that both parents play an active role in the child or children’s daily lives by attending medical appointments, school events or other significant occasions. In Ontario, custody and access are determined by the best interests of the child/children.
Parenting Time
Parenting time is the term used to describe when each parent has access to spend time with their child or children. This usually includes overnight visits and other arrangements that allow for contact and quality time between the parent and child. Parenting agreements are generally drawn up with the best interests of the child/children in mind, so that both parents can be directly involved in their upbringing. In Ontario, courts will prefer parenting agreements made between parents as opposed to having a court order imposed upon them.
Shared Custody Arrangements
In shared custody arrangements, both parents share physical and legal custody of their child/children, meaning they have equal responsibility in making significant decisions about their child’s upbringing, such as education, health, and religion. Additionally, they also share a residence where the child/children will stay on a rotating basis. Effective communication and cooperation between both parents are necessary for successful shared custody, and to ensure the best outcomes for the child/children.
Other Considerations
Right to Divorce After Five Years of Separation in Ontario
In Ontario, if two parties have been living separate and apart for at least five years, either party may apply for a divorce. The five-year period begins with the date of separation and ends when the application for the divorce is made. In cases where there are extenuating circumstances that prevent someone from meeting the five-year requirement, an application can be made to waive this requirement. The court will then consider the individual’s circumstances before deciding whether or not to grant the waive
Status as Dependent or Independent Partner
In the province of Ontario, if two parties are living in a common law relationship and meet certain criteria they may be considered either an independent or dependent partner. An independent partner is one who is financially self-sufficient and not dependent on the other party for financial support. A dependent partner is one who relies on their partner’s income to live and who cannot afford to provide for themselves independently. Each individual’s status will be determined by factors such as their level of education, employment history and length of cohabitation with their partner.
Conclusion
To conclude, in Ontario, if two parties have been living separately and apart for at least five years they may apply for a divorce. The five-year period begins when the separation occurs and ends when the application to the court is made. Parties can waive this requirement if there are extenuating circumstances that prevent them from meeting the five-year requirement. In addition, the status of each partner as either an independent or dependent partner will be determined by their individual circumstances such as their education, employment history and length of cohabitation with their partner.
We highly discourage anyone from seeking out legal advice through this article. This article only provides general information and should you require assistance, please contact our Toronto divorce lawyers or divorce lawyers in Mississauga to book a free initial consultation. You can reach our office at 905-366-0202 or contact us through our website here.
