Do Married and Unmarried Partners Have Different Rights and Obligations?

In this informative video, family lawyer Jason Lane discusses a common misunderstanding: the assumption that common law and married couples share the same legal rights in Ontario. While both may have obligations around spousal and child support, the major difference lies in property rights. Married spouses benefit from legislated property entitlements under the Family Law Act—common law partners do not.

Jason emphasizes that for married couples, it’s important to understand these default rights and consider whether a marriage contract is needed to adjust them. For common law couples, the need for a domestic contract is even more critical—particularly when both partners are contributing to a shared home. Without an agreement in place, it can be time-consuming and difficult for a contributing partner to claim any interest in the property.

For advice on domestic contracts or family law matters, reach out to Jason at jason@durhamlawyer.ca