{"id":341,"date":"2017-12-04T21:07:16","date_gmt":"2017-12-05T02:07:16","guid":{"rendered":"http:\/\/altdivorce.com\/?p=341"},"modified":"2020-07-16T21:08:03","modified_gmt":"2020-07-17T01:08:03","slug":"mediation-can-help-ontario-common-law-couples-that-separate","status":"publish","type":"post","link":"https:\/\/altdivorce.com\/mediation-can-help-ontario-common-law-couples-that-separate\/","title":{"rendered":"Mediation can help Ontario common-law couples that separate"},"content":{"rendered":"
It bears repeating that Ontario law treats the dissolution of legal marriage and that of a common-law union very differently. That said, some common-law relationships endure for decades, and, as in formal marriages, accumulate property and assets, and, along the way, parent children. In such cases, mediation<\/a> may provide invaluable information on the legal differences as well as helping to reduce conflict.<\/p>\n A family law practice which offers professional mediation to its clients frequently has resources available to address issues common to both formal and common-law unions. Examples are child custody and access, and property and debt sharing and division. Yet, without guidance, a common-law couple planning to dissolve a longstanding living arrangement may be shocked at the stark contrast in the legal treatment of the very same issues, according to whether or not the union is a legal one.<\/p>\n In particular, property division and debt sharing in a common-law relationship is largely based on ownership coming into the partnership, rather than when leaving it. In the dissolution of a formal union, however, whatever was shared at the time of legal separation is expected to be divided equally. This is a legal distinction essential to know and would be a welcome and time-saving piece of information available during the mediation process.<\/p>\n A separating common-law couple, especially if they have been together a long time or have children, would do well to consult an Ontario family law lawyer with experience in mediation. While they could opt for a judge to decide matters for them, mediation could provide a secure and balanced forum toward cordial agreement, and foreshorten court time. A family law practitioner working with a team of mediators might show the way forward through the maze of legal distinctions embedded in Ontario law.<\/p>\n