Common Misconceptions about Money, Common Law Divorces and Marriage In Mississauga?

common misconceptions about money common law divorces and marriage in mississauga

Did you know that there are a lot of misconceptions about money, common law divorces and marriage in Mississauga? Many people believe things that aren’t true. Some of the most common myths about money, common law divorces and marriage in Mississauga are debunked.

Misconceptions are part of our society. They arise when people misunderstand or misinterpret information. And when it comes to money, divorce and marriage, plenty of misconceptions are floating around.

For instance, many people think that common law couples have the same rights as married couples. But that’s not true. In Ontario, common-law couple do not have the same legal status as married couples.

In this article, we’ll debunk some of the most common myths about money, common law divorces and marriage in Mississauga.

To understand the logic behind all these differences, you must clarify your understanding of the definition of marriage. Marriage is a contract between two partners who agree to be legally bound to each other. This contract gives both parties certain legal rights and responsibilities.

We will divide this blog into three sections, so it will help you get a better understanding.

  • The first section will be about common misconceptions about common-law couples.
  • The second section will be about common misconceptions about divorce and marriage.
  • And the last section will give information about when there is money involved.

Misconceptions About Common-Law Couple

What is the difference between a common law couple and a married couple?

A common law relationship is created when two people live together in a conjugal relationship for a certain period. In Ontario, the ‘conjugal period’ is usually three years.

However, a common-law couple does not have the same legal status as a married couple. It means common law couples don’t have the same rights and responsibilities as married couples.

For instance, common law couples don’t have the right to:

  • file joint tax returns
  • automatic spousal support in the event of a breakup
  • a division of property upon separation

So, in a common law relationship, you must know your rights and responsibilities. Otherwise, you could be in a difficult situation if your relationship ends.

What are the rights for common law couples?

Common law couples have some rights, although they are not the same as the rights of married couples.

For instance, common law couples have the right to:

  • child support in the event of a breakup
  • spousal support if they have been together for at least three years
  • divide property upon separation if they have been together for at least three years

However, remember to note that common law couples do not have the same rights as married couples regarding taxes, property ownership and inheritance.

What should you know about a trust claim?

A trust claim is a legal claim that a common-law spouse can make if they have contributed to the increase in value of their partner’s property.

For instance, if you helped your partner renovate their house, and the house’s value increased. As a result, you could make a trust claim for a portion of the increase in value.

However, trust claims can be complex, and it’s important to get legal advice before making one.

Misconceptions About Divorce and Marriage

What is a divorce?

A (divorce) is the legal-end of a marriage. It’s important to note that you can only get divorced be it contested divorce or uncontested divorce if you were married in the first place.

You can’t get divorced if you were in a common law relationship. However, you can still legally separate from your partner.

 

Some common misconceptions about marriage and divorce include the following:

 

  1. You need to be married for a certain amount of time before you can get a divorce. It is not true. You can get a divorce anytime, provided you meet the grounds for divorce.
  2. If you have children, you must go through a custody battle to get divorced. It is also not true. Custody battles are only necessary if you cannot agree on who should have custody of your children.
  3. You will lose all your property if you get divorced. It is also not true. You will typically retain ownership of your property, although it may be divided between you and your partner as part of the divorce settlement.
  4. You will never be able to remarry if you get divorced. It is not true. Once you finilize your divorce, you are free to remarry whoever you want.
  5. You will always have to pay alimony if you get divorced. It is also not true. Alimony, or spousal support, is only ordered in certain cases and is not always required.

Misconceptions About Money

  1. Common law couples have the same legal rights as married couples regarding money. It is not true. Common law couples do not have the same rights as married couples regarding taxes, property ownership and inheritance.
  2. If you are in a common law relationship, you automatically get half of your partner’s assets if you break up. It is not true. Common law couples do not have the same rights as married couples regarding property division upon separation.
  3. If you are in a common law relationship, you are entitled to spousal support if you break up. It is also not true. Spousal support is only ordered in certain cases and is not always granted.
  4. If you are in a common law relationship, you can claim a portion of your partner’s assets if they increase in value during the relationship. It is true. A common-law spouse can make a trust claim if they have contributed to the increased value of their partner’s property.
  5. You can only get divorced if you were married in the first place. It is not true. If you were in a common law relationship, you can’t get divorced, but you can still legally separate from your partner.

These are just some common misconceptions about money, divorce and marriage.

Bottom Line

No matter your relationship type, it’s important to get informed about your rights and obligations. If you have any questions, it’s best to seek legal advice. There are many family law firms in Ontario like Divorcefast, and you can get help from a Mississauga family lawyer to help you sort out all the misconceptions you have. If you think you have a unique problem and you cannot find a solution for it, contact us, and we will help you.

Thank you for reading!

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

Contact Divorce Fast for a Free Consultation.

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