If you are a couple that lives together it’s important to under what is common law, and what your rights and obligations are. Even if you’re not married but you live together the law of common law will apply. Generally if you live together for a period of time, the law determines that you are living together under common law.
But there are also other ways of determining what is common law.
Initially it’s inherited from England so countries that are based on commonwealth normally have common law used in there legal system. Common law may also be precedents defined by judges in previous court cases. In other words common law is law that relies heavily on judicial precedent.
In this scenario future judges will use rulings based on those previous court cases when the situation sounds familiar. Another term that is used with common is that it is the unwritten law that is used heavily.
A good family lawyer can help you understand your common law rights, and help you if you are in a legal battle regarding common law. Family lawyers deal with common law issues all the time, and can help navigate through your situation.
Not all common law legal issues require going to court. Many common law issues are solved outside of court when the parties act in a civil manner and try not to take out personal vendettas.
Watch this episode where divorce lawyer John Schuman will discuss what is a common law relationship.
For more information on family law, or if you’re looking for a divorce family lawyer contact John Schuman
Devry Smith Frank LLP
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