Services
Common Law Divorce Ottawa
Legal matters involving common law divorce can feel overwhelming—especially when they affect your family, finances, or future. At Walker Legal Professional Corporation, we focus on clear communication, personalized legal strategies, and practical guidance so you can make informed decisions with confidence.
Speak With a Common Law Divorce Lawyer in Ottawa
If you have questions about common law divorce in Ottawa, contact Walker Legal Professional Corporation to speak with an experienced family law lawyer. We offer practical, personalized legal strategies, clear communication, and steady guidance every step of the way. Schedule an initial consultation to learn your options and next steps.
Our Process: How We Work With You
Initial consultation and information gathering
We start with an initial consultation to understand your situation, priorities, and immediate concerns. Bring any documents you have about finances, children, or agreements.Legal assessment and strategy
We explain your legal rights under Ontario law—how the Family Law Act or Divorce Act may apply—and propose options aligned with your goals.Negotiation, mediation, or drafting
Where appropriate, we draft separation agreements, negotiate spousal support and child support under child support guidelines, and pursue alternative dispute resolution to avoid unnecessary court time.Court representation
If negotiation fails, we prepare and represent you in court, seeking the best outcome on custody, access, property claims, and support issues.Enforcement and follow-up
After agreements or court orders are in place, we help enforce, vary, or appeal orders as needed to protect your legal rights.
Our Services
Experienced Common Law Divorce Lawyer Serving Ottawa and Surrounding Areas
Understanding Common Law Divorce in Ontario
Common law issues are governed by Ontario law and can involve important legal rights and responsibilities. Because every situation is different, it’s essential to understand how the law applies to your specific circumstances before taking action. We help clients navigate the legal process with clarity and care, from initial questions to resolution.
Why Legal Guidance for Common Law Divorce Matters
Proper legal support for common law separation and related family law matters can help you:
Protect your rights and interests
Reduce stress and uncertainty
Avoid future disputes or costly mistakes
Move forward with confidence and peace of mind
Early advice often leads to better outcomes and fewer complications.
How Our Firm Supports You
We provide personalized legal guidance tailored to your situation, including:
- Clear explanations without unnecessary legal jargon
- Thoughtful strategies aligned with your priorities
- Practical solutions focused on efficiency and resolution
- Ongoing support at every stage of the process
You’ll be guided by a lawyer who takes the time to understand your goals.
Specific Services We Offer
Advice on common law relationship rights and obligations
Assistance with common law separation and separation agreements
Negotiation and drafting of separation agreements for common law couples and common law spouses
Advice on property claims, unjust enrichment, and constructive trust for unmarried couples
Guidance on spousal support and how the Family Law Act and Divorce Act may apply
Child support advice under child support guidelines and assistance with custody and access matters
Representation in mediation, alternative dispute resolution, and court where needed
Independent legal advice and review of agreements
Help enforcing or varying spousal support, child support, and court orders
Why Clients Choose Us
At Walker Legal Professional Corporation, we pledge to provide the highest standards of professional legal services because we recognize the law’s impact on individuals and families. We commit to seeing clients through family law matters with care—ensuring clarity, confidence, and peace of mind from the first consultation to resolution.
Personalized, client-focused approach – We take the time to understand your unique situation and priorities.
Proven results and trusted guidance – Our experienced family law lawyers guide clients through mediation, negotiation, and court proceedings.
Clear communication and support every step of the way – We explain options plainly so you can make confident choices.
Meet our team:
George Walker — Owner, Lawyer
Jennifer Worthmann — Legal Assistant
Sarah Hilfi — Legal Clerk
Service Areas
We serve Ottawa and surrounding areas, assisting clients with common law separation, separation agreements, and family law matters across the region. If you live in Ottawa or nearby communities and need a family law lawyer experienced with common law couples, contact us to discuss next steps.
TAILORED LEGAL SOLUTIONS
FOR FAST & PRACTICAL RESULTS
- Strategic Legal Guidance
- We Fight for Your Rights
- WE PROTECT YOUR INTERESTS
- Free 30-Min Consultation
What our clients are saying
Working with George was easy & fast. George was very responsive and kind. He offered valuable advice & expertise. It was easy to navigate his website & he was quick to respond to my inquiry. I would highly recommend working with George and his team.
Erin Fast
Walker legal was able to help me with my custody agreement. George was responsive and explained things well. Everything was completed within months of meeting George.
Matt B
Jennifer W
ARE YOU LOOKING FOR LEGAL ASSISTANCE FROM A SKILLED LAWYER? CONTACT US TODAY
Frequently Asked Questions
What is common law divorce under Ontario law?
Ontario does not have a formal common law divorce process like divorce for married spouses under the Divorce Act. However, common law partners who separate still face important family law issues. A common law relationship ending through common law separation may involve spousal support, child support, custody and access, and property claims such as constructive trust or unjust enrichment. Whether the Divorce Act or the Family Law Act applies depends on whether the parties were legally married.
Who qualifies as a common law partner or common law spouse in Ottawa?
In Ontario, common law couples are typically unmarried couples who have lived together in a conjugal relationship for a continuous period (often one to three years) or who share a child together. A common law spouse may qualify for support depending on the length of the relationship, financial dependence, and the roles of each partner. Each case is fact-specific and requires careful legal assessment.
What rights and obligations are involved with common law separation?
Common law separation raises questions about spousal support, child support, custody and access, and property claims. Unlike married couples, common law spouses do not have an automatic right to equal property division under the Family Law Act. However, courts may award interests in property through constructive trust claims if a court finds unfair enrichment. Support obligations toward children are the same for all parents.
What rights and obligations are involved with common law separation?
Common law separation raises questions about spousal support, child support, custody and access, and property claims. Unlike married couples, common law spouses do not have an automatic right to equal property division under the Family Law Act. However, courts may award interests in property through constructive trust claims if a court finds unfair enrichment. Support obligations toward children are the same for all parents.
How does Ontario law treat common law relationships compared to marriage?
Ontario law treats married couples and common law couples differently. Married spouses have defined property rights and may obtain a divorce order after separation, while common law spouses must rely on family law principles like unjust enrichment. Both married and common law parents have equal obligations for child support under child support guidelines and for custody decisions based on the best interests of the child.
Do I need a lawyer for a common law separation in Ottawa?
You are not legally required to hire a lawyer, but it is strongly recommended to seek legal advice. Common law separation can be complicated, especially when children, property, or support are involved. An experienced family law lawyer helps protect your legal rights, prepare separation agreements, and guide you through the legal process if court involvement becomes necessary.
How long does the common law separation process usually take?
The separation process varies. Negotiated separation agreements or mediation may resolve matters in weeks or months. Court proceedings involving custody, support, or property claims can take much longer depending on complexity, the parties involved, and court availability. Early legal advice often shortens timelines.
What common mistakes should be avoided with common law separation?
Common mistakes include assuming property is divided the same way as in marriage, delaying action on urgent child support or custody issues, failing to obtain independent legal advice, and relying on verbal agreements instead of written contracts. These errors can increase legal fees and prolong disputes.
Can common law agreements be changed, challenged, or enforced later?
Yes. A separation agreement or court order may be varied or enforced if circumstances change or if one party fails to comply. Courts may set aside agreements entered without full disclosure, under pressure, or without proper legal advice.
How much does a common law divorce lawyer cost in Ottawa?
Legal fees depend on complexity and whether the matter is resolved through negotiation, alternative dispute resolution, or court. An initial consultation provides clarity about expected costs and strategy. Many clients find early legal advice reduces overall expense.
What documents should I bring to a consultation about common law separation?
Bring documents showing the relationship timeline, financial records, property documents, lists of assets and debts, existing agreements or court orders, and information about children. The more information provided, the more precise the legal advice.
How does common law separation affect children, property, and finances?
For children, custody and access decisions focus on the child’s best interests, and child support is calculated using child support guidelines. For property, common law spouses may pursue claims such as constructive trust rather than equal division. Spousal support may be awarded depending on need, length of the relationship, and roles of each spouse or partner.
What happens if both parties disagree on terms after separation?
When parties cannot agree, options include negotiation, mediation, collaborative family law, or court proceedings. Judges decide unresolved issues based on evidence, legal principles, and fairness.
Is a separation agreement legally binding in Ontario?
Yes. A properly drafted separation agreement signed by both parties is legally binding. However, courts may intervene if the agreement is unfair, lacks disclosure, or was signed without proper legal advice.
What should I do before starting the common law separation process?
Before starting the separation and divorce process, gather financial and relationship documents, note key dates, and seek legal advice early. Consider interim arrangements for children and finances and avoid major property decisions until you understand your legal position.
Resolve Your Legal Challenges
By booking an appointment with our team, you take a concrete step toward resolving disputes, understanding your options, and safeguarding your future. We handle each case with precision and care, ensuring your unique situation is fully addressed. Don’t wait—secure your appointment today and move forward with confidence knowing experienced legal support is on your side.