Separation and Divorce: Child Custody, Access, and Parenting Plans
When parents separate, they need to arrange how they will share the parenting of their children. If they cannot agree, they may have to go to court. The court must decide based on what is best for the child. In family law, this is called the “best interests” of the child . . .
When you and your partner separate, you will have to divide your property. Property means anything you own, such as your homes, cars, personal and household items, pensions, bank accounts and any other investments. Property also includes debts. Property rights are totally different for people who are legally married and those who live common law. If you are living common law, you do not have the same property rights as women who are married . . .
People living in a common law marriage are not considered married under Canadian law. However, when their relationship ends, many of their rights are the same as for people in a regular marriage. There are also many important differences.
To be considered a common law marriage, the couple must live together a certain period of time. The amount of time varies from province to province, as this is covered by provincial legislation, but is generally two to three years.For instance, in Ontario and New Brunswick, the period is three years. In British Columbia and Nova Scotia, the period is two years. To complicate matters further, Federal legislation often specifies a different period for a relationship to be considered a common law marriage for federal law purposes – normally only one year. Some provinces, such as Ontario, also consider a couple to be in a common law marriage if they have a child together and are living together, regardless of the length of time that they have lived together . . .