The Family Law Act does not use the phrase common-law. It uses spouse, and that includes people who have lived together in a marriage-like relationship for at least two years. For property and debt division, those unmarried spouses are treated in essentially the same way as married spouses.
For spousal support the definition is wider. A person who lived in a marriage-like relationship for less than two years can still claim support if the couple had a child together.
Many people only learn these rules after they separate, and the deadlines are strict. Unmarried spouses generally have two years from the date of separation to start a claim for property division or spousal support. No divorce is needed, because there is no marriage to end.
What we help with
- Advice on whether your relationship meets the legal definition of spouse
- Property and debt division after an unmarried relationship
- Spousal support claims and responses
- Parenting and child support, which apply whether or not you were married
- Separation agreements for unmarried couples
How it usually works
- 01
Confirm your status
We look at how long you lived together and what the relationship involved, because the dates matter.
- 02
Mark the deadline
The two-year limit runs from separation. We note it at the very first meeting.
- 03
Resolve the issues
The same tools are available as for married couples: negotiation, mediation, agreements and court.
Related services
- Division of Property & DebtDividing the home, pensions, savings, businesses and debt under the Family Law Act.
- Spousal SupportWhether spousal support is owed at all, then how much, for how long, and when it can change.
- Prenuptial & Cohabitation AgreementsPrenuptial, marriage and cohabitation agreements that settle the big questions before any dispute exists.