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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 11-04-2005, 07:49 PM
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Default A question about common-law after divorce.

OK so this is just a hmmmm question.

I was divorced in July.
I have a partner who has been living with me since July.
My partner is trying to work out a long and bitter divorce and likely will not have a resolution for at least another 6 months.

so the question...at what point do my partner and I become common-law?
Can you be still married to one person and be common-law with another? And if not does the "count" begin after his divorce is final?

There is no real purpose for my question. Just things that make you go hmmm.
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Old 11-04-2005, 10:20 PM
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Sk8R,
good question,

In Ontario this what is says in the Family Law Act spouse is defined see link below.

http://www.e-laws.gov.on.ca/DBLaws/S...0f03_e.htm#BK0

Definitions
1. (1) In this Act,

“spouse” means either of two persons who,

(a) are married to each other, or

(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2).

In regards to support obligations

PART III

spouse is somewhat defined further (for support purposes)

Definitions

29. In this Part,

“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,

(a) continuously for a period of not less than three years, or

(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).
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