November 5th, 2020 by Kristin Greenough

Our family law team is experienced in a wide range of services including helping in marriage contracts, cohabitation contracts, separation agreements, divorce proceedings and custody disputes.

One of the questions our family law team is hearing more and more lately is, “when am I considered common law with my partner?” It may not be a straightforward answer.

Associate Kristin Greenough, who has years of family law experience answers that very question.


One of the questions we get asked a lot as family law lawyers is, when are you “common law” for the purposes of dividing property? A lot of times I hear that it's six months, this a nuance question and there can be different factors but typically it is if you have lived together in a spousal like relationship for two years and that is what our law, the Family Law Act says. That is just with regards to property there are other tests with regards to, if you have a child together and things like that. What is a spousal relationship? There are a lot of factors included in that and there is no one silver bullet that answers that question. The factors include such things as living together which is an obvious one, if the community views you as being a couple, if you have combined your finances, lots of different things so not a straightforward question but I will tell you that in most cases six months would be quite extraordinary. For more information please call FH&P Lawyers.

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