Relationships are complex unions, and require constant work, with giving and take from both parties at the best of times. When relationships fall apart, it often becomes a battle over who is bringing what, and how the relationship will be dissolved.
This article explores the complexities around common-law relationships, and what to do when they fall apart.
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Know Your Rights
It’s a common misconception that living together for a couple of years qualifies as a common-law relationship. A lot of couples are putting off marriage and instead choose to live together before being wed or instead of officially tying the knot.
Shifts in social demographics have made common-law relationships more acceptable, and their occurrence more common. Being in or having a modern family does not make it easier to dissolve when the relationship falls apart. It’s often far more complex.
There are some essential guidelines to consider to know and to protect your rights. Most importantly, consideration should be given to the details around how you’ve been living together, rather than to the number of years you’ve been sharing a home. These considerations include, but are not limited to:
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Do you share a puppy or another pet?
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Do you own any assets together?
Do You Have a Common-law Co-living Agreement?
A co-living or cohabitation agreement is a legally binding document that details financial arrangements, property division, and how custody of children born in the relationship will be dealt with.
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Do You Have a Marriage-like Relationship?
Common-law relationships are ones that function as a legal marriage. This means that there are joint life insurance policies and pension plans in place. Or that you may have a joint bank account, share utility bills, and are filing taxes together.
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Do You Get Child Support and Spousal Support?
Depending on the nature of how you lived together, you may be entitled to continue financial support, known as spousal support.
Child support may be easier to claim or contest, but no less complex and stressful. Be sure to seek legal advice to protect your child.
Prep Your Paperwork
When all is said and done, and there’s no way to reconcile your relationship, being prepared will help ease some of the stress. It’s advisable to have the following documentation with you when seeking advice from a family lawyer.
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Birth certificates of all children born in the relationship.
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Childcare arrangements, i.e. which partner looks after the children on a day to day basis.
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Social security numbers and passports, if applicable.
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Financial status and liquidity of both partners, with joint bank statements.
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Information on jointly owned property and assets.
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Joint financial products like insurance, tax filing history, and pension plans.
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Shared expenses like utility bills and joint monthly budgets.
Fair Play
Any breakup, regardless of its legal status, can be overwhelming and confusing. Ultimately you are in control of your relationship destiny, and only you can change its course. The best advice is always to play fair and to seek expert advice from a family lawyer to protect your rights. Justice and fairness will go a long way to help you recover emotionally as well as financially.
