Marriage vs. Common Law Common law relationship refers to an intimate relationship between two people who are not legally married. The term “common-law” is misleading because there are not rights or obligations in common-law to protect a couple living together. A more accurate term is cohabitation.

Issues in ending a marriage A marriage is legally dissolved through the Divorce Act, Settles issues involving custody of children, child support, and spousal support.

Child Custody What is in the best interest of the child? A judge must consider a number of factors including: –Was the child abused by either parent? –Does the child prefer living with one parent? –Can one parent provide a more stable home environment? –Would living with one parent interfere with the child’s schooling or social life?

Child Custody At one time, custody of young children was usually awarded to mothers. This is known as tender years of doctrine. –Women are more nurturing and caring than men Tradition roles of men and women have changed, and more frequently, men are being awarded custody.

Types of Custody Sole custody: 1 parent has care of the child Joint custody: 1 parent has primary care of the child, but both parents make decisions concerning the child’s upbringing Shared custody: both parents spend “equal time” with the child and make decisions. Split custody: siblings are separated, their care is divided between parents.

Child Support All parents have a legal obligation to provide for the needs of their children until they reach the age of majority. When parents separate, their responsibility does not end. Child support: payment one parent makes to the other to financially meet the needs of their child(ren)

Spousal Support During their marriage, partners are obligated to financially support each other, and in certain situations, that financial obligation continues after the marriage ends. Spousal support is intended to relieve the economic hardship one spouse suffers as a result of the breakdown of the marriage. Suppose to help the disadvantaged spouse become financially self-sufficient within a reasonable period. This applies to common-law partners if they are regarded as “spouses” under the family law act of their province.