Cecily Zamora
In British Columbia, a couple can be considered common-law spouses, even if one or both partners are still legally married to another person. BC's Family Law Act states that unmarried partners who live together in a `marriage-like relationship` for a certain period of time have the same legal rights and obligations as married spouses. This includes the division of property, spousal support, and child support. The specific definition of a marriage-like relationship can vary, but it generally refers to couples who live together and share various aspects of their lives, such as meals, household chores, and finances. It is important to note that the law in BC differs from federal law and the laws in other provinces, and seeking legal guidance is recommended to understand the specific rights and obligations associated with common-law spouses in BC.
| Characteristics | Values |
|---|---|
| Location | British Columbia |
| Status | "Common-law" is not a legal status in BC. The term “marriage-like relationship” is used instead. |
| Time period | Couples living together in a "marriage-like relationship" for at least two years are automatically considered common-law spouses. |
| Children | Couples living together in a "marriage-like relationship" for less than two years but with a child are also considered common-law spouses. |
| Opt-out | Couples can opt out of common-law status by entering into a written cohabitation agreement. |
| Separation | Common-law spouses have the same rights and obligations as married couples upon separation, including division of property, spousal support, and child support. |
| Federal law | Federal law defines the time period for a common-law relationship differently, considering couples "common-law" after one year of living together in a “conjugal relationship." |
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What You'll Learn
Common-law status in BC
In British Columbia, you can be considered a spouse even if you are not legally married and do not plan to be. The BC Family Law Act of 2013 states that unmarried partners who live together in a marriage-like relationship for a certain period of time have the same legal rights and obligations as married couples. This means that couples who have lived together for two years or more are automatically considered common-law spouses and are subject to the same rights and obligations as married couples in the event of a separation. This includes the division of property, parenting arrangements, child support obligations, and potential entitlement to spousal support.
It is important to note that the definition of a "marriage-like relationship" can vary. There is no definitive test or checklist, but courts will consider factors such as shared meals, household chores, and shopping. Additionally, couples who move in together for practical reasons, such as housing affordability, may have different definitions of their "marriage-like relationship."
To opt out of common-law status, couples can enter into a cohabitation agreement, similar to a prenuptial agreement, where they can agree on how property and debt will be divided in the event of a separation. This agreement must be drafted by a qualified family lawyer and witnessed by a third party to be legally enforceable.
It is worth mentioning that the law in BC differs from federal law and the laws in other provinces. For example, in Ontario, unmarried partners are considered common-law after three years of cohabitation, and the rules for division of property are less generous than in BC. Federal law, which applies to matters such as income taxes, benefits, immigration, and Old Age Pension, defines common-law status differently, considering couples common-law after one year of living together in a "conjugal relationship."
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Financial obligations
In British Columbia, unmarried couples who live together for a continuous period of at least two years are automatically considered common-law spouses, unless they actively opt out of the law that applies to common-law relationships. This means that they will have the same rights and financial obligations as married couples, including the division of property and debt, spousal support, child support, and parenting arrangements.
When a common-law relationship ends in British Columbia, it triggers legal consequences similar to divorce for married couples. This includes the division of property and debt, as well as potential entitlement to spousal support. Under the BC Family Law Act, each spouse is entitled to 50% of the growth in equity in each spouse's assets, starting from the date they began cohabiting until the date of separation or when the assets are divided. This equal division of property and debt includes contributions to retirement savings plans, property (except excluded property), appreciation on property, and debt, such as credit card debt, student loans, and vehicle loans.
To proactively address these financial issues, common-law couples can enter into a cohabitation agreement, similar to a prenuptial agreement, before or after they start living together. This agreement allows couples to decide how they will divide property and debt if they separate and whether they will claim spousal support. It is important to note that cohabitation agreements must be drafted by a qualified family lawyer and witnessed by a third party to be legally enforceable.
In addition to the financial obligations outlined above, common-law couples in British Columbia should also be aware of the tax implications of their relationship status. The Canada Revenue Agency (CRA) recognises common-law partners who meet certain criteria as equivalent to married couples for tax purposes. This means that common-law couples may have different tax filing requirements and may be eligible for specific tax benefits, credits, and deductions. Therefore, it is crucial for common-law couples to understand the tax implications of their relationship status to ensure accurate tax filing and avoid potential complications.
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Cohabitation agreements
In British Columbia, unmarried couples who live together in a "marriage-like relationship" for a continuous period of at least two years are automatically considered common-law spouses with the same legal rights and obligations as married couples upon separation. This includes the division of property, parenting arrangements, and spousal support.
A cohabitation agreement is a written agreement between two opposite-sex or same-sex partners who choose to live together but not marry. It is similar to a prenuptial agreement or a marriage contract and should ideally be completed before a couple moves in together or before they reach the two-year anniversary of living together in BC.
The purpose of a cohabitation agreement is to outline how assets and debts will be divided if the couple separates. It can also address spousal support and how debt and household expenses will be managed during the relationship. The agreement is a binding contract in a court of law, but a court can overturn it if a party failed to disclose significant property or debts, behaved unfairly, or signed the agreement under pressure.
It is important to note that a simple agreement declaring "no common-law relationship" may not hold legal weight in BC. To actively opt out of common-law status, couples must prove that their relationship lacked the characteristics of a common-law partnership, such as living together, having children, or sharing finances.
Given the legal complexities and potential emotional volatility during separation, it is advisable to seek legal guidance and consult with a qualified family lawyer when considering a cohabitation agreement.
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Separation and divorce
In British Columbia, the dissolution of a common-law relationship triggers legal consequences equivalent to divorce for married couples. This includes division of property, determination of parenting arrangements and child support obligations, and potential entitlement to spousal support.
Under the BC Family Law Act, when common-law couples separate, each spouse is entitled to 50% of the growth in equity in each spouse's assets. This includes contributions to retirement savings plans, property (except excluded property), appreciation on property, and debt, including student loans accumulated during the relationship.
To be considered common-law spouses in BC, a couple must live together in a \"marriage-like relationship\" for a continuous period of at least two years. This means that they live like a married couple without a formal ceremony. Simply living together or having a romantic relationship does not qualify.
Cohabitation agreements can be a valuable tool for common-law couples in BC, both before and after cohabitation commences. These agreements address financial issues like income and asset/debt division in the event of a future separation. They can also make the process of separating much easier. It is important to note that cohabitation agreements must be drafted by a qualified family lawyer and witnessed by a third party to be legally enforceable.
If a common-law couple in BC separates after living together for less than two years without children, they have no statutory rights on separation. However, they may retain a common-law/equitable claim to the property based on contributions made to the relationship.
It is recommended that individuals in a common-law relationship in BC seek legal guidance to understand their rights and obligations in the event of a separation or divorce.
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Legal recognition
In British Columbia, you can be considered a spouse even if you are not legally married and do not plan to get married. BC's Family Law Act states that unmarried partners who live together in a marriage-like relationship for a certain period of time have the same legal rights and obligations as married spouses. This means that couples who have lived together for two years or more automatically have the same rights and obligations on separation as married couples. This includes the division of property, determination of parenting arrangements and child support obligations, and potential entitlement to spousal support.
The term "common-law" is not used in British Columbia, instead, the term marriage-like relationship is used to describe unmarried couples who live together and are considered spouses. This term relates to the specific characteristics of the relationship, such as shared meals, household chores, shopping, etc. It is important to note that there is no test or checklist for this, and the courts will consider any evidence of such elements in a relationship.
To establish common-law status in British Columbia, a couple must demonstrate a "marriage-like" relationship for at least two consecutive years. Simply living together or having a romantic relationship does not suffice, but living like a married couple without a formal ceremony can still qualify. It is worth noting that the federal government defines the length of time to become "common-law" differently, considering a couple common-law after one year of living together in a "conjugal relationship" for tax, immigration, and pension purposes.
Cohabitation agreements are also an important consideration for common-law couples in British Columbia. These agreements address financial issues like income, asset/debt division, and spousal support in the event of a future separation. They are similar to prenuptial or postnuptial agreements for married couples and must be drafted by a qualified family lawyer and witnessed by a third party to be legally enforceable.
While it is possible to opt-out of being considered common-law spouses, simply stating the desire to avoid common-law status is insufficient. The relationship must lack the characteristics of a common-law partnership, and it is much easier to argue against common-law status when the relationship is brief, without children, and has distinct financial arrangements.
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Frequently asked questions
In British Columbia, a common-law relationship is a marriage-like relationship between two people who are not legally married but live together. This includes same-sex couples.
A couple must live together for at least two years to be considered common-law in British Columbia. However, they may be considered common-law sooner if they have a child together. It is important to note that the federal government in Canada defines common-law as a couple living together for at least one year in a conjugal relationship.
In British Columbia, common-law spouses have the same legal rights and obligations as married couples during separation. This includes the division of property, spousal support, and child support.
