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Old 11-04-2005, 07:49 PM
Sk8r Sk8r is offline
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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 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.
Old 11-04-2005, 10:20 PM
logicalvelocity logicalvelocity is offline
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good question,

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

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


spouse is somewhat defined further (for support purposes)


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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