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Family

How do common-law partners separate legally in Ontario — is there a formal process?

TSL Written by the Treadstone Law team· Updated June 2026

There is no formal government process to "dissolve" a common-law relationship the way divorce ends a marriage. Common-law couples simply separate — there is no certificate, no court filing required for the separation itself, and no waiting period equivalent to the one-year separation period required before a divorce.

That said, the practical and legal steps at separation are significant. If children are involved, parenting arrangements (custody and access) and child support must be addressed. If you qualify as common-law spouses, support entitlement needs to be determined. Any jointly held property, joint accounts, or joint debts must be unwound. A written separation agreement that both parties sign before a notary or witnesses is the standard way to document all of these arrangements and make them enforceable.

If you cannot agree, either party can apply to the Ontario court to resolve disputes about support, parenting, or property claims. The relevant court in most situations is the Superior Court of Justice or the Family Court branch of that court depending on your municipality. Speaking with a family lawyer early helps you understand your rights before you agree to anything.

Key takeaways

  • There is no formal dissolution process for common-law couples — you simply separate.
  • A signed separation agreement is the best way to document and enforce your arrangements.
  • Courts can resolve disputes about support, parenting, and property if you cannot agree.
  • Get legal advice before signing anything at separation.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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