Years of Experience
Creating Agreements That Support Moving Forward
Negotiating a fair agreement and entering into a legally binding written agreement outside of court can be difficult after a separation. Berry Family Law can represent you throughout the negotiation process and draft legally binding domestic contracts tailored to your family's needs.
Whether you require an Interim Separation Agreement to address temporary parenting and support issues, a Final Separation Agreement to resolve parenting, support, and property matters, or a Parenting Plan focused on decision-making and parenting time, we can help guide the process.
If you have attended mediation and require Independent Legal Advice on the terms of your negotiated settlement, Berry Family Law can review the agreement to ensure it is fair, reasonable, and provides the certainty you need moving forward.
Sometimes circumstances change after an agreement is signed, and parenting or support terms need to be reviewed. Separation agreements often outline a dispute resolution process to address these situations in a practical and effective manner.
An Amending Agreement may be required when a child graduates from high school or university, a support payor retires or loses employment, or a spousal support recipient's income or relationship status changes. Berry Family Law can assist with negotiating, drafting, and finalizing these changes.
Frequently Asked Questions
Common Law Separation
A separation agreement is not legally required, but it can be very helpful for common-law partners. It can address issues such as parenting arrangements, child support, spousal support, property, debts, and other shared responsibilities.
Having a written agreement can reduce conflict and provide clarity after separation.
No. Unlike divorce, there is no formal legal process required to end a common-law relationship. A common-law relationship generally ends when one or both partners decide to separate and begin living separate lives.
However, legal issues may still arise after separation, including issues relating to parenting, child support, spousal support, property, debts, or the home.
No court filing is required simply to end a common-law relationship.
Court involvement may be necessary if the parties cannot resolve disputes about parenting, support, property, possession of a home, or other legal issues.
If there is no agreement, disputes may be resolved through negotiation, mediation, arbitration, or court.
Common-law partners in Ontario do not have the same automatic right to equal division of property that married spouses have. Property claims are usually based on ownership, contributions, agreements between the parties, and equitable claims such as unjust enrichment or constructive trust. Ontario confirms that common-law couples are not legally required to split property acquired while they lived together in the same way married spouses are.
Support and Property
In many cases, spousal support may be available to common-law partners, depending on the circumstances.
For Ontario family-law support purposes, common-law partners may qualify as “spouses” if they have cohabited continuously for at least three years, or if they have a child together and are in a relationship of some permanence.
Property rights, however, are different. Common-law partners do not have the same automatic property equalization rights as married spouses in Ontario.
For Ontario family-law support purposes, partners are generally considered common-law spouses if they have lived together continuously for at least three years, or sooner if they have a child together and are in a relationship of some permanence.
No. Common-law partners may have similar rights and obligations in some areas, such as child support, parenting, and sometimes spousal support.
However, common-law partners do not have the same automatic property rights as married spouses. In Ontario, married spouses are subject to the equalization of net family property regime, while common-law partners generally rely on ownership, agreement, and equitable claims.
You may be. Spousal support can apply to common-law relationships depending on the circumstances, including the length of the relationship, the parties’ financial interdependence, their roles during the relationship, and whether one partner suffered economic disadvantage because of the relationship or its breakdown.
If only one partner is on title, that person is generally the legal owner of the home.
However, the other partner may still have a claim depending on the circumstances, including financial contributions, labour, mortgage payments, renovations, household responsibilities, or other contributions that may support an equitable claim.
No. In Ontario, common-law partners do not have an automatic right to equalization of property.
Property division for common-law partners is usually based on ownership, agreements between the parties, and equitable claims such as unjust enrichment. This is different from the statutory property equalization regime that applies to married spouses.
Joint bank accounts and shared debts can involve important legal and financial considerations. Before withdrawing funds, closing accounts, or making changes to shared debts, you should speak with a family lawyer so you understand your rights and obligations.
It depends on the circumstances, including who owns the home, who is on title or lease, whether there is an agreement or court order, and whether there are children or safety concerns.
Unlike married spouses, common-law partners do not have automatic matrimonial-home possessory rights simply because they lived in the home together. If you are not on title or lease, your ability to remain in the home may be limited, although other legal or practical considerations may still apply.
Proof may include evidence that the parties lived together in a conjugal relationship and were financially, socially, or practically interdependent.
Parenting Plans
Yes. Parenting rights and responsibilities do not depend on whether the parents were married.
Parenting issues are determined based on the best interests of the child. Ontario’s Children’s Law Reform Act addresses decision-making responsibility, parenting time, contact, and the best-interests analysis.
Parenting time is determined based on the best interests of the child.
Relevant considerations may include the child’s needs, caregiving history, stability, the child’s relationship with each parent, each parent’s ability to meet the child’s needs, and any family violence or safety concerns.
Yes. Child support is determined based on the parent-child relationship, not the parents’ marital status.
A parent’s obligation to support a child applies whether the parents were married, common-law, or never lived together.