Cecily Zamora
In British Columbia, the term marriage-like relationship is used instead of common-law marriage. Couples who live together in a marriage-like relationship for at least two years are considered common-law spouses, regardless of gender. This means they take on the financial obligations associated with marriage, including property division and spousal support. The Family Law Act of 2013 governs the rights and responsibilities of unmarried individuals during separation, and common-law spouses have the same rights and obligations as legally married spouses in the event of a breakup. However, there is confusion among couples about their legal obligations, and the law has been criticised for being opaque and out of step with modern relationships.
| Characteristics | Values |
|---|---|
| Status of "common law" in British Columbia | No such status; the term "marriage-like relationship" is used |
| Definition of "marriage-like relationship" | Living together and sharing a life, similar to a married couple, without a formal ceremony |
| Timeframe for "marriage-like relationship" | At least two years consecutively |
| Rights and obligations | The same as married spouses, including property division, spousal support, and child support |
| Opting out | Possible, but courts can evaluate these contracts for fairness and may not enforce them |
| Evidence for "marriage-like relationship" | Cohabitation, shared finances, mutual support, public recognition, shared commitments, and frequency of contact |
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What You'll Learn
Common-law marriage requirements
In British Columbia, the term "marriage-like relationship" is used instead of "common-law marriage". To be recognised as a spouse in a marriage-like relationship, a couple must have lived together for at least two years, even if they are not legally married. This two-year period may not be necessary if the couple has a child together.
The rights and obligations of spouses in a marriage-like relationship are governed by the Family Law Act, which grants the same rights and obligations to common-law partners as it does to married spouses. These rights include spousal support and equal division of property.
To prove a marriage-like relationship, the court will consider the following factors:
- Shared meals, household chores, and shopping
- Shared finances, such as joint bank accounts, bills, and expenses
- Mutual support, such as caring for each other during illness or shared responsibilities
- Public recognition, such as holding yourselves out as partners on social media
- Shared commitments, such as joint property, pets, or vehicle ownership
- Frequency of contact, especially during separation
It is important to note that simply signing a "no common-law agreement" may not be sufficient to avoid being recognised as spouses in a marriage-like relationship. The courts will prioritise tangible evidence and actions over written statements. Therefore, it is crucial to seek legal guidance and understand the family law framework in British Columbia to safeguard your interests.
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Financial obligations
In British Columbia, common-law refers to a legal relationship where two people live together in a "marriage-like" partnership for at least two years without being legally married. This definition also applies to same-sex couples.
Common-law couples in British Columbia automatically take on the financial obligations usually associated with marriage after two years of living together in a "marriage-like" relationship. This means that common-law partners are granted the same rights and obligations as married spouses.
Division of Assets and Debts
In the event of a separation, unmarried spouses have the same rights and obligations as legally married couples. This includes the division of assets and debts. For example, upon separation, everything accumulated since the day the couple first began living together is equally divided, including contributions to retirement savings plans, property (except excluded property), appreciation on property, and debt, including student loans accumulated during the relationship.
Spousal Support
Common-law couples in British Columbia are also entitled to claim spousal support at the end of their relationship. Conversely, they may be obligated to pay spousal support to their ex-partner. This is the case even if the couple lived together for less than two years but had a child or children together.
Cohabitation Agreements
To proactively address these financial obligations, common-law partners can enter into a cohabitation agreement. This is a legal contract that outlines how property and finances will be handled if the relationship ends. Cohabitation agreements can provide clarity and confidence, knowing that the couple's financial future is outlined in a mutually agreed-upon framework.
However, it is important to note that simply signing a "no common-law" agreement does not guarantee protection from potential common-law recognition in court. To avoid common-law status, couples must maintain a demonstrably non-marriage-like relationship, including keeping finances separate, having distinct living arrangements, and avoiding public displays of coupledom.
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Property division
In British Columbia, common-law refers to a legal relationship where two people live together in a marriage-like partnership for at least two years without being legally married. This is also known as a spousal relationship.
If a spousal relationship ends, common-law partners are entitled to an equal share of property acquired during the relationship, similar to married couples. This applies to assets accumulated after the two-year threshold. For couples cohabiting for less than two years, there is no property division, unless they have a child together. In this case, there can be an entitlement to spousal support, but neither partner is entitled to division of property, debt, or pensions under BC's Family Law Act.
The property division rules apply to unmarried couples who have lived together in a marriage-like relationship for at least two years. This means that, like married couples, they will generally share any property they acquire during the course of their relationship—but not property brought into the relationship. Couples can opt out of the rules by making an agreement if they do not want the property division rules to apply to them.
The Family Law Act governs the rights and responsibilities of unmarried individuals during separation. The Act also governs property division and spousal support. Once a couple is considered "spouses", everything accumulated since the day they first began living together as married-like is equally divided upon separation. This includes contributions to retirement savings plans, property (except excluded property), appreciation on property, and debt, including student loans accumulated during the relationship.
The date a spousal relationship begins determines when rights or responsibilities start under the Family Law Act, particularly with respect to property division.
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Spousal support
In British Columbia, spousal support may be awarded to a common-law partner under certain circumstances. The province's Family Law Act recognises marriage-like relationships, where two people live together for at least two years without being legally married.
In such cases, common-law partners have the same rights as married couples, including spousal support. However, a cohabitation or separation agreement may waive this right.
To claim spousal support, a couple must have lived together in a marriage-like relationship for at least two years. If they have a child together, they can claim spousal support even if they have lived together for less than two years.
The amount of spousal support is determined by a court, which considers factors such as the income-earning capacity of both individuals and their roles in the relationship.
It is important to note that the dissolution of a common-law relationship in British Columbia triggers legal consequences similar to divorce for married couples, including potential entitlement to spousal support.
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Common misconceptions
There are several misconceptions surrounding common-law marriage in British Columbia. Firstly, there is a misconception that British Columbia recognises “common-law marriage” as a legal status. However, the province does not recognise this status, and instead uses the term "marriage-like relationship". This term refers to couples who live together and share certain characteristics of a traditional marriage, such as shared meals, household chores, finances, and public recognition as a couple.
Another misconception is that a couple must live together for exactly two years to be considered in a "marriage-like relationship". While living together for at least two years is a significant factor, there are other factors that can contribute to establishing a "marriage-like relationship", such as having a child together. Additionally, couples who live separately but share other aspects of their lives may still be considered in a "marriage-like relationship".
Some people mistakenly believe that signing a "no common-law" agreement will protect them from being legally recognised as a common-law spouse. However, these agreements hold limited weight in court proceedings. Courts prioritise observable characteristics of a "marriage-like relationship" over the intentions expressed in these agreements. Therefore, tangible evidence demonstrating the absence of a "marriage-like relationship" is crucial for protecting one's rights and finances.
Furthermore, there is a misconception that common-law spouses have fewer rights and obligations than legally married spouses. In British Columbia, common-law spouses are granted the same rights and obligations as married spouses under the Family Law Act. This includes property division, spousal support, parenting arrangements, and child support obligations in the event of a separation.
Lastly, there is a misconception that all couples who live together for an extended period will automatically be considered common-law spouses. However, it is important to note that the intention to be in a "marriage-like relationship" is also a factor. For example, if two people live together for practical reasons, such as housing affordability, but do not intend to be in a committed relationship, they may not be considered common-law spouses.
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Frequently asked questions
British Columbia does not recognize the status of "common-law marriage". Instead, the term "marriage-like relationship" is used. This means that if you have lived with your partner in a marriage-like relationship for at least two years, you are considered a spouse under the Family Law Act and take on the financial obligations associated with marriage.
There is no test or checklist to prove a "marriage-like relationship". However, the court will consider factors such as shared meals, household chores, shopping, shared finances, mutual support, public recognition, shared commitments, and frequency of contact.
In the event of a separation, couples in a "marriage-like relationship" have the same rights and obligations as legally married couples. This includes the division of property, parenting arrangements, child support, and spousal support.
