It is a growing regulation in Canada; According to the Toronto Star, the 2006 census had nearly 3 million people in common law relationships. If you and your spouse have or adopt a child in common, you can ask for help for that child. Children of parents who live in a common law relationship have the same right to help from their parents as the children of married couples. If your spouse has treated your child like his child while you live together, you can also ask for help. You can choose to support your child through negotiation, mediation, collaborative law or arbitration. If you can`t solve the problems, you can go to court and ask a judge to order your spouse to pay for help for that child. The amount of assistance is set out in the child care guidelines. Family law differs from province to province. Some provinces grant property rights to common law spouses, while others do not. That is why a common law spouse must deal with the law that applies to him in the province where he lives. This section only applies to Ontario.
The court found that the husband was at least entitled to the payment of the amount he paid to the mortgage of the house, which was $US 28,500. However, the house gained in value during the duration of the parties` common law relationship. The court said it was unfair to the husband of the common law to allow the wife to keep the total amount of the increase in the value of the house. Common law partners can also enter into an agreement defining the distribution of assets and the amount of sp assistance. Contracts, called “cohabitation contracts,” are very similar to marriage contracts. They allow common law spouses to decide how several issues (they are not binding on parenting and child custody) are dealt with after the common law partners are separated. Unless the agreement is repealed, common law spouses have all the rights to property and spousal assistance that are defined by the agreement. One of the preconditions for the implementation of such an agreement is that both parties had lawyers, had full financial disclosure from the other partner and were involved in the negotiations on the terms.