Is the divorce process the same for common-law couples in Ontario?

No. The divorce process — and the Divorce Act itself — applies only to legally married spouses. Common-law couples, no matter how long they have lived together, cannot get a "divorce" because they were never legally married. When a common-law relationship ends, the process is simply to separate — there is no court application required just to end the relationship.

However, the financial and parenting issues that arise at the end of a common-law relationship are still governed by Ontario law. Common-law spouses in Ontario do not have equalization rights under the Family Law Act (that Act's property provisions apply to married spouses only). However, common-law partners may have claims based on unjust enrichment, resulting trust, or other equitable doctrines if one partner benefited significantly from the other's contributions.

Child support and parenting rights are the same regardless of whether the parents were married or common-law — the Children's Law Reform Act and the Child Support Guidelines apply equally. Spousal support claims are available to common-law spouses who meet the threshold requirements under the Family Support Plan Act or Family Law Act.

If you are in a common-law relationship, a family lawyer can advise you on what rights and obligations exist at separation.