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Family Law – Marriage and common-law relationships

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Resources: Marriage and common-law relationships

In Ontario, most laws treat common-law relationships and marriages the same. However, there are a few differences in the area of family law.

Common Questions

What is a "pre-nuptial agreement" or "marriage contract" and what do they really mean?
Can a pre-nup say who will have custody of our kids?
View all Common Questions
See also:
  • Family Law - Divorce and separation

Property Rights and Obligations of Married and Co-habiting Partners (Updated March 2013)

Recorded on March 6, 2013  - This webinar in the Family Law Education for Women (FLEW) series looks at the Ontario rules for division of family property for married and co-habiting couples following relationship breakdown. Topics include the...

Available in:
English
View details
Produced by:
METRAC
Produced In:
2013
Format:
Web

A Women's Guide to Money, Relationships and the Law in Ontario

This online tool was created to help women learn about their economic rights when entering and leaving common law relationships or marriages. It includes information about different legal definitions of spouse in Ontario, spousal and child support,...

Available in:
English, French/français (français)
View details
Produced by:
National Association of Women and the Law
Produced In:
2012
Format:
Audio, Booklet/PDF, Web

An Introduction to Family Law in Ontario

This article identifies the main issues that can come up when relationships end. It includes information about marriage and divorce, living together, and domestic contracts, and explains how decisions can be made through agreement, mediation, court,...

Available in:
English, French/français (français)
View details
Produced by:
CLEO - Community Legal Education Ontario/Éducation juridique communautaire Ontario
Produced In:
2012
Format:
Booklet/PDF, Web

Can young people get married?

This Justice for Children and Youth blog post looks at marriage and age, marriage and sex/gender, and briefly discusses the history of same-sex marriage in Canada.

Available in:
English
View details
Produced by:
Justice for Children and Youth
Produced In:
2012
Format:
Web

Changing Your Name

This Government of Ontario website tells how to change your name due to a relationship by looking at these topics: How do I assume or unassume a married name? How do I legally change to my partner or spouse's name? How do I legally change my name back...

Available in:
English, French/français (français)
View details
Produced by:
Government of Ontario
Produced In:
2012
Format:
Web

Fact Sheet: Common Law Relationships

This fact sheet has information on common-law relationships, including how long people have to live together to be "common law," legitimacy of children, property rights, exclusive possession of the home, spousal support, and cohabitation agreements....

Available in:
English
View details
Produced by:
Springtide Resources
Produced In:
2012
Format:
Web

Separation and Divorce or Death of a Spouse: Property Division

This booklet explains the basic rules for property division between separating married spouses, their rights and obligations with respect to the matrimonial home, and what happens to property if one spouse dies. It also explains the different...

Available in:
English, French/français (français)
View details
Produced by:
CLEO - Community Legal Education Ontario/Éducation juridique communautaire Ontario
Produced In:
2012
Format:
Booklet/PDF, Web

Separation and Divorce: Spousal Support

This booklet looks at spousal support for married or common-law partners who are divorcing or separating, including the factors that affect whether spousal support must be paid, in what amount, and for how long. It also contains information about...

Available in:
English, French/français (français)
View details
Produced by:
CLEO - Community Legal Education Ontario/Éducation juridique communautaire Ontario
Produced In:
2012
Format:
Booklet/PDF, Web

Where Can I Find More 
Information About Family Law?

This article begins with a caution to make sure that legal information you find on the internet is correct, up-to-date, and applies to your jurisdiction (that is, make sure you are looking at information that applies to Ontario). It lists seven...

Available in:
English
View details
Produced by:
Community Advocacy & Legal Centre
Produced In:
2012
Format:
Booklet/PDF

Do you live with someone who might be seen as your spouse?

This booklet deals with the rule that spouses who live together must qualify for social assistance as a couple. It explains how Ontario Works (OW) and the Ontario Disability Support Program (ODSP) decide whether two adults who live together are...

Available in:
English, French/français (français)
View details
Produced by:
CLEO - Community Legal Education Ontario/Éducation juridique communautaire Ontario
Produced In:
2011
Format:
Booklet/PDF

Getting Married

This section of the Province of Ontario web site has links to information about getting married in Ontario. Topics include getting a marriage license, the minimum age to marry, and who is allowed to perform marriages.

Available in:
English, French/français (français)
View details
Produced by:
Government of Ontario
Produced In:
2011
Format:
Web

Forced Marriage

This web site has information about forced, non-consensual marriage, including what forced marriage is and how someone in a forced marriage can find help. There are also resources for people and service providers who are helping those in forced...

Available in:
English
View details
Produced by:
South Asian Legal Clinic of Ontario
Produced In:
2010
Format:
Web

What You Should Know about Family Law in Ontario

This booklet about family law in Ontario contains information about laws that may affect families that are separating. It covers marriage, living together, separating, and getting a divorce. It explains legal rights and obligations related to the care...

Available in:
English, French/français (français), Arabic (عربي ), Chinese (中文), Somali (Afsoomaali), Spanish (español), Tamil (தமிழ்), Urdu (اردو)
View details
Produced by:
Ontario Ministry of the Attorney General
Produced In:
2010
Format:
Booklet/PDF

Domestic Contracts for Muslim Women

This booklet looks at the legal status of domestic contracts, such as marriage contracts, cohabitation agreements, and separation agreements in the context of the Muslim community. It explains how Ontario family law relates to Islamic family law. It...

Available in:
English, French/français (français), Arabic (عربي ), Farsi/Persian (پارسی ), Somali (Afsoomaali), Urdu (اردو)
View details
Produced by:
Canadian Council of Muslim Women
Produced In:
2009
Format:
Booklet/PDF

Marriage and Divorce for Muslim Women

This booklet reviews the laws on marriage in Ontario and divorce in Canada and explains how these laws relate to Islamic family law. It looks at the legal status of marriages and divorces from other countries and the role of Canadian family law in...

Available in:
English, French/français (français), Arabic (عربي ), Farsi/Persian (پارسی ), Somali (Afsoomaali), Urdu (اردو)
View details
Produced by:
Canadian Council of Muslim Women
Produced In:
2009
Format:
Booklet/PDF

Parenting: Rights and Responsibilities of Young Parents

This guidebook for young parents explains the legal rights of pregnant women, mothers, and fathers, as well as the legal obligations of parents to provide for and protect their children.

Please note that some of the information in this guide is...

Available in:
English, French/français (français)
View details
Produced by:
Public Legal Education and Information Service - NB
Produced In:
2007
Format:
Booklet/PDF

Domestic Contracts

This booklet looks at cohabitation agreements, marriage contracts, and separation agreements, and explains the court's role in enforcing these types of domestic contracts. The English version of this publication is also available in large print and...

Available in:
English, French/français (français), Arabic (عربي ), Chinese (中文), Farsi/Persian (پارسی ), Korean (한국어/조선말), Punjabi (ਪੰਜਾਬੀ ), Russian (русский ), Somali (Afsoomaali), Spanish (español), Tamil (தமிழ்), Urdu (اردو)
View details
Produced by:
Family Law Education for Women (FLEW)
Produced In:
2008
Format:
Booklet/PDF

Fact Sheet: Domestic Contracts

This fact sheet describes cohabitation agreements, marriage contracts, and separation agreements, the three common types of domestic contracts that are permitted and regulated under Ontario's Family Law Act.

Available in:
English
View details
Produced by:
Springtide Resources
Produced In:
2008
Format:
Web

Fact Sheet: Marriage

This fact sheet explains the rules about marriage in Ontario. It answers questions about how to get married, how old a person must be, who can marry whom, marriage to more than one person, and foreign marriages.

Available in:
English
View details
Produced by:
Springtide Resources
Produced In:
2008
Format:
Web

Fact Sheet: Property Division

This fact sheet outlines the basic principles for dividing property when a relationship ends. It has information on both marriage and common-law relationships.

Available in:
English
View details
Produced by:
Springtide Resources
Produced In:
2008
Format:
Web
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