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40 www.canadianlawyermag.com As common-law relationships increase, lawyers tell Jessica Mach Jessica Mach they are navigating the varied provincial rules on property-division rights Navigating the common-law property problem LEGAL REPORT FAMILY LAW AS COUPLES across Canada increas- ingly choose to build lives together without plans to marry, some are finding ways to establish their legal rights and obligations regarding shared property in case they separate – even if they live in jurisdictions that guarantee property-division rights only to married spouses. That's according to family law lawyers in Ontario, which is one of several provinces that do not require common-law partners to split property they've accumulated over the course of their relationship. Over the last few years, Toronto-based lawyer Melanie Battaglia has seen an uptick in couples asking her firm to draw up contracts outlining their property and support rights in the event of a separation. These types of clients are not new: histori- cally, they have run the gamut from indi- viduals looking to safeguard generational wealth to those seeking to clarify their obli- gations because they have children from previous relationships. Lately, though, the Battaglia Law founder says many of her clients fit another profile altogether. "Where I've seen the most increase are younger couples now entering their first relationship," Battaglia says. "When I say younger, I'm talking about … late 20s, early 30s, and they're entering into their first marriage or serious partnership where they're moving in together. "They want domestic contracts to define their rights and obligations," she says. Lorne Fine of Toronto-based firm Fine & Associates says he's also seen increased demand for domestic agreements among young couples, including those who are not married but living in common-law arrange- ments. In his practice, couples seeking these agreements typically approach him to clarify rights regarding a residence one of them owns. Common-law partnerships are "more and more common nowadays," Fine says. "And it's very difficult for them to go through the