Lawyer for Common-Law Separation: Protect your rights
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The Separation of Common-Law Partners
The end of a common-law relationship often raises many questions, particularly regarding the division of property, the family residence, children, and each partner’s financial obligations.
However, this does not mean that no rights exist. Property acquired jointly, such as a jointly owned residence, remains subject to the general rules of civil law and may be divided according to each person’s ownership rights. Other legal remedies may also be considered depending on the particular circumstances of the case.
The Same Rules Apply When It Comes to Children
However, it is important to make a distinction when it comes to children born to common-law partners. Although common-law partners generally do not have the same property rights as married couples, different rules apply when children are involved.
Whether you are married, civilly united, or common-law partners, both parents have the same rights and the same responsibilities toward their children.
Accordingly, the same legal principles apply, in particular, to:
- child custody and the sharing of parenting time;
- access rights and communication arrangements;
- child support;
- special or extraordinary expenses;
- parental authority and important decisions concerning the child (education, health, religion, etc.);
- the right to use the family residence, when this measure is requested in the best interests of the child.
The New Law on Parental Union
This regime automatically applies to common-law partners who become the parents of a child together on or after this date. Without treating these couples the same as married couples, the law now provides certain protections, particularly regarding the parental union patrimony, which may include certain family assets, such as the family residence or the furniture that furnishes it, when the conditions provided by law are met.
However, the application of this new regime depends on several criteria and does not apply to all common-law partners. A legal assessment is often necessary to determine each person’s rights and obligations.
First Consultation
Common-law separation? Your rights exist — have them assessed by a lawyer.
Favor an Amicable Agreement
Regardless of the nature of your relationship, it is often possible to resolve the consequences of separation through negotiation or mediation.
An amicable agreement generally helps reduce the delays, costs, and stress associated with court proceedings, while promoting solutions tailored to your family’s circumstances. Whenever possible, our team takes a collaborative approach to help the parties reach a lasting resolution while protecting their rights and interests.
Frequently Asked Questions About Common-Law Separation
1. Is it mandatory to go to court when separating?
2. Can we enter into an agreement before or during our common-law relationship?
- the ownership of certain assets;
- the sharing of expenses;
- arrangements concerning the residence;
- the consequences of a potential separation;
- other financial commitments.
3. Why should I consult a lawyer when separating from a common-law partner?
4. Can common-law partners divide their property when they separate?
5. What is parental union?
6. Does parental union apply to all common-law partners?
7. Is it possible to opt into parental union if my child was born before June 30, 2025?
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