Common law couples do not have statutory property division in Ontario. So no, she does not get half your house or your savings automatically .
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
How To Write a Separation Agreement Name and address of both spouses. Details of the marriage. Beginning date of the separation. Statement of the intention to separate. Terms of use of the agreement. Specifications regarding the division of assets and the shared financial or child responsibilities of both parties.
Anyone can draft their own separation agreement and as long as it includes certain information, is signed by both spouses and witnessed it is legally binding.
The Separation Agreement must be made in writing, signed by both parties, and witnessed by two individuals. The witnesses can be people you know, but it's best to have an authorized individual, like a notary public at the signing.
No. Under Ontario law there is no requirement that, in order to be valid, a separation agreement must be notarized.
Both parties must agree to the entire Separation Agreement and their signatures must be acknowledged in the presence of a notary public, although both don't have to appear before the notary at the same time, or even use the same notary.
You do not need to legally separate before a divorce. In fact, it may be against your own best interests to do so—many, if not most, legal separations end in divorce anyway.
Seek Legal Action In some circumstances, you will have to initiate legal action for a decree of separation. For example, you may seek a court judgment if your spouse refuses to separate or undergo mediation. You may also have to go through this if you and your spouse attempted mediation but disagreed.