Common law relationships are subject to specific considerations in family law. Spouses may choose to remain unmarried for personal reasons or their relationship may simply evolve over time and a legal marriage never takes place. In either circumstance, when common law spouses separate, settlement of their financial affairs and child care responsibilities is never easy and is the subject of many mistaken myths.
When you are facing the prospect of separation from your common law spouse, you need legal advice on your rights and responsibilities. You also need a knowledgeable and assertive lawyer to convey your opinion and work towards an effective result on your behalf.
As a self-represented litigant in extensive legal proceedings, I saw firsthand the necessity of legal representation. As a result, I chose to pursue a legal career to help people in similar circumstances. In private practice, I represent family law clients in Toronto under the banner of Kathryn L. Smithen, Barrister, Solicitor & Notary Public.
You Need To Know Where You Stand As A Spouse And A Parent
Many people do not understand how common law separation is different from divorce. While some issues such as child support and child custody are subject to similar legal rules, property and asset division are quite different. While married couples have a statutory right to an equal share of the financial assets gained during the marriage, common law spouses do not. Common law spouses are required to proactively assert a financial claim. Property division and spousal support may also be settled according to the terms of a cohabitation agreement, if one exists.
As your lawyer, I can give you much-needed advice on your situation as you seek child and spousal support or access to your children when your common law relationship breaks down. I will assess your circumstances from an objective, outside perspective and give you both sound advice and assertive representation. As someone who has experienced firsthand legal proceedings within the family law system, I will also treat you with the respect, compassion and dignity you deserve.
Contact A Lawyer To Learn About Separation And Common Law Marriage In Ontario. I Can Help.
Every day I use my training to help individuals navigate the family law system. To schedule an appointment, contact my office online or by calling 647-496-2765 in Toronto, 800-392-9043 toll free.