Were not married but common law. We have 1 child who's 20 months old. Any advice on leaving the relationship?Advice on divorce/separation in Canada. ?
Common Law implies a general consensus of marriage based on the fact that two people have been living together for an extended period of time (example: In the US the average length of acceptable CL marriage is 7 years). In most cases of Common Law marriage, the partners share the same responsibilities to the law as those who had a ceremony performed (either civil or religious).
I'd check with an attorney and make sure that there's no problem with you just walking out. You may have to file for some sort of termination of cohabitation or something along those lines.
As well, custody will still need to be determined; just because you were never legally married doesn't mean that there aren't legal responsibilities to the child regarding support %26amp; visitation.
Consult an attorney.Advice on divorce/separation in Canada. ?
same as anywhere else, get a good lawyer. If you have a house it is best if he leaves since the judge looks at what was used after the break up. If you give him something and then you want it back later you might not get it.
If you have to leave, leave and take as much as you can with you, when he is away if need be.
there is no fault seperation in Canada so it's not typically as onerous a process as in the States.
I saw something on the news about this last night.
Here's an article about your rights as a common law girlfriend.
http://www.montrealgazette.com/Case+could+redefine+common+rights/1195558/story.html
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