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.
Unlike married couples, common-law couples don't need a court decision to make their separation official. You can settle all the issues that arise when you break up without going to court. But sometimes it's a good idea to have a lawyer or notary help you.
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.
Common law couples are not legally required to split property acquired when they lived together. Furniture, household items and other property belong to the person who bought them.
Common law status varies by province and legal context. Most provinces recognize common-law relationships after 1 to 3 years of continuous cohabitation or if the couple has a child together. Without a will, common-law partners may not automatically inherit, depending on provincial laws.
Unlike married couples, common-law couples (couples who live together but are not married) are not entitled to the equalization of their family property.
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.
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.
No. Under Ontario law there is no requirement that, in order to be valid, a separation agreement must be notarized.
Common law couples do not have statutory property division in Ontario. So no, she does not get half your house or your savings automatically .