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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-28-2008, 09:46 AM
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I have lived common law with with my girlfriend on and off for alittle over 7 tears. we recentley seperated a year ago. We both signed a speration agreement drawn up by a lawyer and it was signed by the two of us with a witness. Now she is coming after me for support? Where do I stand. She hasn't worked much of the relationship because she couldn't hold down a job.I thought a seperation agreement was a legal document. We have no children.
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Old 08-28-2008, 01:00 PM
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Individuals in common-law relationships have no entitlement to spousal support until they have lived in a "marriage-like relationship" for a period of two years or more. A common-law spouse must apply for spousal support no later than one year after the parties stop being in a marriage-like relationship.
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Old 08-28-2008, 01:12 PM
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Default Basic differances between Married & Common Law

Married Common law
Equalization payment upon separation- yes
Common Law
no, but may be claim for unjust enrichment

Married
Possession of the matrimonial home upon separation- yes
Common Law
no

Married
Special treatment of matrimonial home in dividing property -yes
Common Law
no

Married
Spousal support -yes
Common Law
yes, if lived together for 3 years or are in a relationship of some permanence and have children

Married
Time limit to apply for spousal support -no
Common Law
yes in several provinces

Married
Order restraining depletion of property -yes
Common Law
no, but can use Rules of Civil Procedure for similar sorts of orders

Married & Common Law
Child support - yes & yes

Married & Common Law
Child custody yes & yes

Married
Succession rights if partner dies intestate- yes
Common Law
no, but may be claim for unjust enrichment

Married & Common Law
Dependant's relief on death of partner- yes & yes

Married
Equalization payment on death - yes
Common Law
no, but may be claim for unjust enrichment

Married
Possession of matrimonial home on death- yes
Common Law
no, but may be able to claim as an incident of support
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Old 08-28-2008, 01:47 PM
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Hi and thank you for the reply. Does the seperation agreement not hold any value? It has everthing she wanted in it and also states that she cannot nor can I go after anything after signing this. It also states she has been advised to seek a lawyer and by signing it she is refusing. We are both signing this at free will and not forced?
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Old 08-29-2008, 08:56 AM
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The courts reserve the right to change agreements.
Unless she can show that she was under duress during the signing, then the agreement will stand.
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