When you’re in a relationship in Toronto, it’s important that you understand your legal rights, responsibilities, and protections. While you may not feel that it’s necessary to obtain legal advice about your relationship, it can help you protect your interests. Understanding the difference between marriage and common law can also allow you to plan your future accordingly.
In Toronto and Ontario, both married and common law spouses often face disputes regarding:
- The misunderstanding of property rights
- Disagreements over spousal support
- Challenges drafting cohabitation, prenuptial, or marriage contracts
- Child custody, access, and support
- Inheritance conflicts when a common law partner passes without a will
- And more
At Gelman & Associates, our Toronto marriage and common law lawyers have decades of combined experience handling a variety of family law matters for clients. Whether you’re in a common law relationship, planning to get married, or have already tied the knot, we can help you navigate important legal matters, such as cohabitation agreements, prenups, marriage contracts, separation, and more.
To discuss your situation with our legal team, schedule a consultation at our Toronto office today. You can call us at (416) 736-0200 or fill out our online contact form now. We serve clients across Ontario.
Marriage vs. Common Law – What’s the Difference?
Under Ontario Law, marriage is defined as the legal union of a couple, in which both parties obtain a marriage license, have a wedding ceremony performed by an authorized officiant, and register their marriage with the government. They also receive a marriage certificate that serves as legal proof of the union. Both the Family Law Act and the Divorce Act govern marriage in the province.
Conversely, no official documentation is required to enter into a common law relationship. Instead, common law is determined by the length and nature of your connection. In Ontario, a common law relationship is generally recognized as legally binding after a couple has lived together in a conjugal relationship for at least three years (or one year, if they have a child together).
The key difference between marriage and common law is each partner’s legal rights and responsibilities when they are together, and when they separate.
For example, when a couple is married, they have an automatic right to:
- Property division, if they get divorced
- Spousal support
- Inheritance, if one spouse passes
- And more
In contrast, common law couples are not entitled to automatic property division or an inheritance without a valid will in place. In some cases, spousal support may be available to common law spouses who have broken up under the Family Law Act.
It should be noted that parental rights and child support obligations are the same regardless of marital status.
Misunderstandings about your legal rights in each type of relationship can cause disputes should you choose to separate. A Toronto marriage and common law lawyer can help you navigate your responsibilities with confidence.
How Our Toronto Marriage and Common Law Lawyers Can Help
At Gelman & Associates, our marriage and common law lawyers in Toronto can assist you and your partner with a wide variety of matters. We are experienced in both traditional marriage and common law family law disputes, meaning we can help you achieve your goals no matter what your situation looks like.
Our marriage law services include:
- Assistance with marriage contracts (and prenuptial agreements, before marriage occurs)
- Legal advice on property, debts, and obligations entering marriage
- Divorce proceedings if the marriage ends
- And more
Our common law services include:
- Cohabitation agreements to help protect assets and clarify responsibilities
- Legal guidance during separation regarding spousal support, child custody, and property disputes
- Representation in unjust enrichment/property claims
- And more
We tailor our advice to each client’s unique relationship and family circumstances. By taking a compassionate yet practical approach to clients’ disputes, we aim for settlement where possible and litigation when necessary.
Contact Our Toronto Marriage and Common Law Lawyers Today
Whether you are married or in a common law relationship, clarity and protection of your rights is possible with legal guidance on your side. We can assist with legal matters and disputes, whether you are still together or have decided to separate.
Call Gelman & Associates’ Toronto marriage and common law lawyers today to schedule a consultation and understand your rights in your relationship. You can reach our Toronto office at (416) 736-0200 or fill out our online contact form now.
