Family Law Lawyers For Married and Common Law Spouses in Ontario
When you’re in a relationship, 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 protect both your and your partner’s 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 Toronto 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 (844) 736-0200 or fill out our online contact form now. We serve clients across Ontario.
Marriage vs. Common Law in Toronto: What’s the Difference?
The Legal Definition of Marriage
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.
When a couple is married in Ontario, they must obtain a divorce order to officially end their legal relationship. In many cases, the drafting of a separation agreement is necessary. With the help of a marriage lawyer in Toronto, spouses must generally agree to the division of their property, spousal support obligations, child custody arrangements, and other important factors before the divorce is granted.
The Legal Definition of Common Law in Ontario
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 to another person. 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.
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 before entering into a relationship or when ending one.
Understanding Common Law Separation in Ontario
A common law separation does not require a divorce order because common law partners were not legally married. However, separating partners may still need to resolve support, parenting, child support, property claims, debt, and possession of a shared home. A separation agreement can help document the terms and reduce uncertainty.
Common law lawyers in Toronto can help identify which rights apply to you, which rights do not apply automatically, and what evidence may be needed to support your position. It is advisable for common law couples to seek legal advice no matter what stage of their relationship they are in, as they are not entitled to the same automatic rights as married couples in the province.
Property Rights for Married and Common Law Spouses in Toronto
Property rights are one of the most important distinctions between marriage and common law in Ontario. Married spouses generally have statutory rights to equalization of net family property under the Family Law Act. Common law partners do not automatically share property in the same way, even after many years together.
This does not mean a common law partner can never make a property claim. Depending on the circumstances, claims based on unjust enrichment, resulting trust, or constructive trust may be available. Our Toronto common law lawyers can help review contributions to a home, business, investment account, or shared asset and explain your options should you decide to separate.
Spousal Support, Parenting Arrangements, and Child Support
Spousal support may be available to both married spouses and common law partners where the legal test is met. To determine eligibility for spousal support, lawyers and the court may consider factors such as:
- The length of the relationship
- Roles during the relationship
- Income
- Need
- Ability to pay
- Economic disadvantage
- And more
Our Toronto spousal support lawyers can help you understand how support may apply whether you are married or common law.
For parents, marital status does not determine whether a child is entitled to child support. Parenting arrangements are decided based on the child’s best interests, and child support is generally determined using the applicable Child Support Guidelines. Our Toronto marriage and common law lawyers can help with decision-making responsibility and parenting time, whether you were married or common law at the time of your separation.
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
- Guidance pertaining to inheritance and gifts being brought into marriage by one or both spouses
- Access to our Toronto divorce lawyers, 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.
Drafting Domestic Contracts for Married and Common Law Couples in Toronto
A written agreement can help couples define expectations before or during a relationship. Common examples include cohabitation agreements, prenuptial agreements, and marriage contracts. These agreements may address property, debts, spousal support, inheritance, gifts from family, and what happens if the relationship ends.
Domestic contracts should be prepared carefully. Each person should understand the agreement, make proper financial disclosure, and receive independent legal advice. This helps reduce the risk of disputes later and supports enforceability under Ontario law.
Frequently Asked Questions About Marriage & Common Law in Toronto
How long do you have to live together to be common law in Ontario?
For many family law purposes, common law status may arise after three years of cohabitation in a conjugal relationship, or after one year if the parties have a child together. Different laws can use different definitions, so tailored advice is important.
Do common law spouses split property in Ontario when they break up?
Not automatically. Married spouses have statutory equalization rights under the Family Law Act, but common law spouses generally do not. Property claims may still be possible depending on contributions and the evidence. An experienced common law lawyer in Toronto can help you determine what, if any, property rights you have following your separation.
Can common law spouses claim spousal support?
Yes, in some cases. A common law partner may be able to claim spousal support if the relationship meets the legal requirements and the facts support entitlement. Common law lawyers can help you evaluate your standing in the relationship to determine eligibility under applicable Ontario law.
Should we have a cohabitation agreement if we’re common law?
A cohabitation agreement can be useful when partners want clarity about property, debt, support, family gifts, inheritances, or what happens if the relationship ends. A cohabitation agreement is often recommended before common law marriage takes effect between two partners to ensure their rights are protected.
Do married and common law parents have the same child support obligations?
Generally, a child’s right to support does not depend on whether the parents were married at any point during their relationship. Parenting and support issues should be addressed based on the child’s best interests and the applicable child support guidelines, most recently updated in 2025.
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 (844) 736-0200 or fill out our online contact form now.
