My partner and I have never been officially married. Do I still need to get a divorce?
Although partners who have lived together for some time may be legally considered “common law” partners, only married spouses are required to get a divorce. However, common law partners may have other legal issues that need to be resolved as a result of separation. These issues commonly include:
- custody and access,
- child and spousal support,
- dealing with jointly owned property.
It is important to highlight that common law couples have different rights and obligations than married couples. This is especially relevant when considering issues involving property. Children are another crucial factor. If you and your common law spouse are separating and there is property, money, or children involved in the dispute, it is advisable to speak to a lawyer who can design a separation agreement that protects your rights.