How to End a Common Law Relationship in Canada: A Step-by-Step Guide.
There is no such thing as a "Common Law Divorce." You don't need a judge to separate, but you do need a plan to untangle your finances and protect your future.
Draft Your Separation Agreement
Legal Review: This separation guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with CRA notification rules and Ontario support laws.
The Quick Answer: How Do We Break Up Legally?
To end a common law relationship in Ontario, you do not need to file for divorce or go to court. You simply stop living together with the intention of ending the relationship. However, legal obligations for Spousal Support and Child Support may continue. To finalize your financial split and protect against future claims, it is highly recommended to sign a Separation Agreement. You must also notify the CRA of your status change once you have been separated for 90 consecutive days.
First Steps to Take Immediately
Physical Separation.
One party moves out, or you establish separate lives in the same home.
Note: If you aren’t on the lease/deed, you may have to leave.
Financial Separation.
Close joint bank accounts immediately. Cancel joint credit cards to prevent liability for your ex’s spending.
Interim Schedule.
Establish a temporary parenting plan immediately. The “Status Quo” sets the tone for future custody.
The "Just Walk Away" Myth
The Myth
Many people think "No marriage license means no strings attached." They believe they can just pack a bag and leave with no legal consequences. After all, you never signed a marriage certificate, so there's nothing to undo\u2014right?
The Reality
If you lived together for 3 years (or have a child), you may owe Spousal Support. If you walk away without a Separation Agreement releasing these claims, your ex can sue you for support up to 2 years later (or longer in some cases). The Family Law Act creates obligations that persist after separation (Support) even though it does not grant automatic property rights.
Your Separation Checklist
Draft a Separation Agreement
Define who keeps the furniture, the car, and the pets. Include waivers for Spousal Support if applicable.
Update Beneficiaries
Change your Will, Life Insurance, and RRSP beneficiaries. Common law partners don’t automatically lose these rights upon separation like married spouses do.
Notify the CRA
File Form RC65 (Marital Status Change) after 90 days. This often increases your GST/HST credits and Child Benefits.
Close Joint Utilities
Ensure your name is off the hydro/internet bill if you move out.
Ending Relationships FAQs
No, but you need one to draft a binding Separation Agreement. An agreement signed without independent legal advice is easily overturned.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor assists unmarried couples in finalizing their separation cleanly, ensuring that Separation Agreements are drafted to prevent future litigation over property and support.
View Full BioDon't Leave Loose Ends. Finalize Your Split Legally.
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Draft Your Separation Agreement