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common law do you have to file for separation

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Anonymous Asked:

Me and my fiance have been living common law since 2006 in Calgary Alberta. We have two children together do we have to file for separation or what documents do we file to notify the government we are no longer common law. how long do we have to be separated for till we can file and also do I have to file since he was the one who cheated on me.

Thank you

Expert Comment:

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7 years ago

Hello,

Regardless of whether you are married, when you have children and you separate it is preferable to have a Separation Agreement in place regarding the issues pertaining to your children, like custody/access and child support. A lawyer can assist in the preparation of that Agreement.

You will advise the government of your change in status when you file your Income Tax Return. You should speak to a tax specialist about that.

Thanks

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