Things you should know about Family Law in Ontario
When you get married in Ontario, the law considers your marriage to be an “equal partnership”. If you marriage ends, the value of the property you acquired during your marriage and/or the increase in the value of property you had prior to marriage will be divided in half. This said, there are exceptions to the rules.
Question 1: Do Common law couples have the same rights as married couples when it comes to property they bought when they were living together?
Answer 1: Usually, furniture, household belongings and other property belong to the person who bought them. Furthermore, common law couples do not have the right to share the increased value of property they brought into the relationship.
Question 2: I have contributed to all the household expenses the whole time we were common law am I not entitled to some of the equity of the house if we sell our home?
Answer 2: You may be entitled to a portion of the equity but this needs to be negotiated between you and your partner through mediation, arbitration or unfortunately litigation which means court proceedings.
Question 3: We are common law partners but have no children, am I entitled to support?
Answer 3: If you have lived together for three years and you do not have enough money to support yourself, you can ask for support for yourself.
Question 4: We are common law partners, we have one child but have only been together for 2 years, am I entitled to support?
Answer 4: Yes you are. Depending on the type of custody agreement or parenting schedule you and your spouse agree on, and depending on your respective incomes you and/or your partner would be entitled to child support and possibly spousal support although the latter is not as easy to get. If you and your partner cannot agree on spousal, you can go to court and ask a judge to decide if you should or can get it.
Question 5: I have a son from a previous marriage, my husband is not his father, if we separate am I entitled to child support?
Answer 5: If your husband treated your son as his own child while you were living together, this means that he provided emotional, financial support, participated in his daily activities, sport events etc. you can also ask for support.
Question 6: Is a separation agreement negotiated through mediation a legally binding document?
Answer 6: A separation agreement is a contract that you must honor, this is why it is extremely important to work with trained professionals such as accredited mediators in order to make sure that it is properly prepared and that it reflects the laws of Ontario (Family Law Act, Divorce Act). We highly recommend that you also seek an independent legal advice prior to signing your separation agreement.
Question 7: Is there a time limit to make a claim to divide property?
Answer 7: There is no time limit to get a divorce. But there are time limits for other claims. For example, you have 6 years from the date you separate or 2 years from the date of your divorce to make a claim to divide property.
Question 8: Why are pension valuations so important when separating or getting a divorce?
Answer 8: Obtaining a family law value of your pension is crucial in a divorce because pensions are often considered a marital asset and can represent a significant portion of the marital property to be divided. Please read my article on Pension valuations.
