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A question about common-law after divorce.

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  • 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.

  • #2
    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).

    Comment

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