Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

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

Closed Thread
 
Thread Tools
  #1  
Old 08-16-2006, 04:39 PM
ELI ELI is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
ELI is on a distinguished road
Default 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  
Old 08-16-2006, 05:48 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

ELI,

welcome to the forum,

as you posted;

Quote:
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
  #3  
Old 08-28-2006, 12:34 PM
ELI ELI is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
ELI is on a distinguished road
Default 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
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Common Law adultery? kpg Divorce & Family Law 3 09-29-2008 05:23 PM
Common Law Seperation: Dealing with Home Equity tp003 Divorce & Family Law 1 09-19-2008 02:01 AM
Common Law seperation agreement confused1 Divorce & Family Law 2 08-28-2008 12:06 PM
Spousal support in common law seperation today Common Law Issues 6 05-28-2006 12:10 AM
Common Law Seperation mississauganative Common Law Issues 2 01-23-2006 09:21 AM


All times are GMT -4. The time now is 07:30 PM.