Rather than getting legally married, many couples decide to move in together. Some couples decide to have children, but still choose to not legally get married. You may be wondering whether these parties have the same legal rights and obligations in the event of a breakup as married couples do.
As more and more people are choosing to define their families without necessarily becoming legally married, the courts have had to address how to apply the family law legislation to these circumstances. Luckily, there is a growing body of case law on this subject- and property and support regimes have developed for unmarried spouses over time.
For many people, the end of a relationship leads to a range of emotions, and many questions about the future. Questions such as – “Who gets to keep the house?” “Where will our children live?” “What are my financial obligations?” -can leave even the calmest person reeling with anxiety about what comes next. Seeking advice from a qualified family law lawyer can help to answer some of these questions.
While choosing to remain unmarried while cohabiting can have its benefits- it can also have its drawbacks. And it’s important to understand these drawbacks and benefits before making the decision to do so. Unmarried spouses do not have the same property rights as married spouses, and options for making a property claim can be limited in some cases. It would certainly be prudent to discuss your situation with a qualified and experienced Toronto divorce lawyer first, before making any decisions.
Couples who are unmarried but have lived together for a certain period of time or have children together may have financial obligations to one another in the form of child or spousal support. If you are curious as to whether you might be required to pay or eligible to receive child or spousal support from your partner, you should contact a qualified family law lawyer to discuss your circumstances.
In regards to minor children and cohabiting couples, the courts take the same child focused approach as they do with divorcing married couples. The Federal Child Support Guidelines are used to determine child support payments, based on where the children reside and each parents’ income; and the guiding principle of “the best interests of the child” is used to aid the courts in determining access to and custody of the minor children.
At Kain & Ball, our Toronto family lawyers understand the pain and difficulties that can come with the end of long-term relationship. We are here to help answer your questions about support, property rights, and child-related issues.
Please remember the above content is NOT legal advice of any kind, was written for general information purposes only and should not be construed as legal advice. For actual legal advice for separating cohabiting couples and to find out your legal rights and obligations, call 905-273-4588 today to arrange a 30-minute consultation appointment with Kain & Ball Family Law Lawyers in Toronto.