Marriage versus common-law in Ontario

This page is a public educational walkthrough. It is not a retainer, a court form, or a promise about your result. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.

1. Common-law is not a junior marriage

   Ontario equalization of net family property under the Family Law Act is for married spouses. Unmarried partners do not get that automatic property-splitting scheme just because they lived together.

2. Support and parenting can still apply

   Unmarried partners may still have support claims if they meet the definition of spouse in the Family Law Act. Parenting claims about children use the Children’s Law Reform Act or the Divorce Act depending on the family. The child is not left without a process.

3. The court forms still come from the Family Law Rules

   You still use Form 8, financial statements and motion forms. The difference is which legal claims you tick and which statute you cite.

4. Do not treat a lease or tax status as the whole answer

   CRA “common-law” for taxes is not the same test as every family statute. Read the definition in the Act you are using.

Official law on this site: family-law.

Disclaimer: Know The Law publishes legal information for the public, not legal advice. Court forms, fees and filing channels change. Read the official statute text and the official form page linked from this guide before you act. We do not represent you and we do not file documents for you. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.