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  • Adultery - Common Law Seperation

    I have been in a common law relation ship for well over three years. We have children together. My feelings for my spouse changed, but I didn't want to leave because of the kids.

    Now, I am in a situation where I have committed adultery. When I confessed to my spouse, I was told that I was going to be taken to the cleaners.

    There is no question that I will provide financial support to my children, and I want to divide the value of the house - but since I make significantly more money in the relationship does this mean that I can be taken to the cleaners.

    Is adultery recognized in common law marriages?

    What can I do to protect myself?

  • #2
    ELI,

    welcome to the forum,

    as you posted;

    I have been in a common law relation ship for well over three years. We have children together. My feelings for my spouse changed, but I didn't want to leave because of the kids.
    If your in Ontario, the Family Law Act R.S.O. 1990 c. F.3 will apply to your predicament.

    http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK32

    see subsection 1(1)

    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); 2006, c. 19, Sched. C, s. 1 (1, 2, 4).

    with that said , see part III section 29 of same

    PART III
    SUPPORT OBLIGATIONS

    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).


    At law, you would be considered spouses, opening the door for a possible claim of spousal support. Consideration would be given to support of the children first. There may be insufficient funds available afterward (assuming that your a ncp)

    Conduct really has not much to do with spousal support. see subsection 31(10)

    Conduct

    (10) The obligation to provide support for a spouse exists without regard to the conduct of either spouse, but the court may in determining the amount of support have regard to a course of conduct that is so unconscionable as to constitute an obvious and gross repudiation of the relationship. R.S.O. 1990, c. F.3, s. 33 (10); 1999, c. 6, s. 25 (10); 2005, c. 5, s. 27 (14).

    The main criteria for a successful spousal support claim is that one spousal has means and the other has need.




    Custody of the children

    Children's Law Reform Act will apply

    http://www.e-laws.gov.on.ca/DBLaws/S...sh/90c12_e.htm

    You should be aware that at law until a separation agreement or an order for the court provides otherwise, both parents have coextensive custody of the children. If one parent moves out leaving the children with the other, their authority to act is suspended, not ended. Be careful of status quo living arrangements of the children. Courts generally do not like to interrupt the status quo especially if everything is working well for the children.

    A custody adjudication is determined by applying the best interest of the child test.

    Access

    Keep in mind that access is the child's right, not the parent's. Access survives separation.

    lv

    Comment


    • #3
      Initial Agreement

      My spouse and I have reached an initial agreement which we both feel is quite reasonable.
      My spouse will be moving out of the house, and I will implement this agreement on that date.
      How quickly should we have our lawyers authorize our agreement?
      Once this is done, will my ex-spouse be able to come back asking for more?
      Since we were not officially married by definition, is this our "divorce", and does this mean I can go on with my life?

      ELI

      Comment

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