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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 02-07-2011, 12:39 PM
tall one tall one is offline
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Default common law spouses or not?

My partner and I have been in a committed relationship for six years now. During those years I was legally separated from my previous spouse but received my final divorce papers just two months ago. Now my partner and I are going through a rocky period and I have moved out to allow each of us time to figure out if we are really committed to a future together. My question: if either of us makes a claim for support against the other would a court recognize us as common law spouses despite my not having been divorced for most of the past six years?
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Old 02-07-2011, 01:01 PM
KeepSmiling KeepSmiling is offline
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Yes

The fact that you lived together for 6 years makes you common law, regardless or your pre-existing marital status
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Old 02-07-2011, 08:01 PM
BitHunter BitHunter is offline
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No.

Check it out under ontario:

Common-law marriage - Wikipedia, the free encyclopedia

"No married person may become eligible to begin the three-year countdown to have a recognized common law spouse until divorce from the first spouse occurs."
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Old 02-07-2011, 10:18 PM
tall one tall one is offline
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Default opposing opinions

Thank you for your relies but it seems we have two opposing opinions to my question. Is there any precedent in an Ontario court decision that would clear up the matter?
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Old 02-08-2011, 06:02 AM
Max22258 Max22258 is offline
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If that can help I was married, she was married and the judge consider us common law which I believe we were anyway. That definition under wiki is interesting, now people will say that I commited fraud again as I filed single with the CRA.
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Old 02-08-2011, 07:39 AM
Mess Mess is offline
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Max, you are committing fraud because your last name is not 22258.

That said, I believe your version here, the Wikipedia is full of errors and needs editing badly. For example it says in Ontario common law kicks in after one year; it is three.
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Old 02-08-2011, 11:12 AM
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blinkandimgone blinkandimgone is offline
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Wikipedia is just NOT a reliable source of information given that anyone who creates a use account can edit any page at any time.
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Old 02-08-2011, 11:14 AM
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this forum is not a reliable source either, but both of them can be a good starting point for further research.
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Old 02-08-2011, 12:01 PM
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We correct each other and cite sources when we can. That particular Wiki article had cites for Ontario sections but didn't accurately quote info from the FLA.
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Old 02-08-2011, 06:09 PM
Max22258 Max22258 is offline
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Quote:
Originally Posted by Mess View Post
Max, you are committing fraud because your last name is not 22258.

That said, I believe your version here, the Wikipedia is full of errors and needs editing badly. For example it says in Ontario common law kicks in after one year; it is three.
Mess is right it is 3 years under Ontario law and 1 under the federal. And having just gone thru this ordeal that I do not wish on anyone, We were considered common law.
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