Anaya Nolan
In British Columbia, the term marriage-like relationship is used instead of common law. Couples who have lived together in a marriage-like relationship for at least two years are considered common-law spouses, unless they actively opt out. This means that they take on the same legal rights as married couples, including a 50/50 split of debts and assets accumulated during the relationship. There is no form to fill out or court document to file; the day you begin living together in a marriage-like relationship is the start date for determining when rights and responsibilities will kick in under the Family Law Act. A marriage-like relationship is determined by factors such as living under the same roof, having a sexual relationship, sharing meals, and attending events together as a couple.
| Characteristics | Values |
|---|---|
| Term used in BC family law | Marriage-like relationship |
| Minimum duration of relationship | Two years |
| Rights and obligations | Same as married couples |
| Division of assets | 50/50 split of debts and assets |
| Exclusions | Pre-relationship property, inheritances, and gifts |
| Children | If a couple has a child together, the two-year minimum duration does not apply |
| Legal recognition | Common-law relationship hinges on a clear separation from a spouse |
| Tax laws | Considered common law by the federal government after one year of living in a "conjugal relationship" |
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What You'll Learn
Common-law spouses have the same rights as married couples
In British Columbia, the term "marriage-like relationship" is used instead of "common-law". Couples who have lived together in a marriage-like relationship for at least two years are considered common-law spouses, unless they actively opt out. This is regardless of gender, so same-sex couples are also covered.
Once a couple is deemed to be in a common-law relationship, they are treated as spouses under BC's Family Law Act. This means that they have the same rights as married couples in terms of property and debt division, as well as spousal support and child support obligations. Any property or debt accumulated since the relationship became marriage-like is divided equally upon separation, excluding pre-existing property, inheritances, and gifts.
The death of a common-law spouse in British Columbia is also treated the same as that of a married spouse. Spouses are typically considered among the next of kin for the division of debt and property. If a spouse dies and leaves little or nothing, the other spouse can make a claim against the estate.
It is important to note that there is no form to fill out or court document to file to become a common-law spouse in British Columbia. The rights and responsibilities of common-law spouses under the Family Law Act kick in automatically after two years of living together in a marriage-like relationship.
Cohabitation agreements can be beneficial for common-law couples, both before and after they start living together. These agreements address financial issues like income, asset, and debt division in the event of a future separation, providing clarity and guidance for both parties.
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Common-law status is automatic after two years
In British Columbia, common-law status is granted automatically to couples who have lived together in a 'marriage-like' relationship for at least two years. This is also the case for couples who have lived together for less than two years but have a child together. This status is granted under the BC Family Law Act of 2013, which was amended to explicitly include common-law relationships. This Act treats common-law couples as it would married couples, giving them the same rights and obligations.
To be considered a 'marriage-like' relationship, certain factors must be present, including living under the same roof, having a sexual relationship, sharing meals and household chores, and attending special events as a couple. Other factors include sleeping arrangements, financial support, and care of children. It is not necessary to prove all of these factors, and there is no strict checklist. However, the presence of these elements will be considered by the courts when determining common-law status.
Once a couple is deemed to be in a common-law relationship, they are considered spouses under the law. This means that in the event of a separation, all property and debt accumulated during the relationship will be divided equally, excluding pre-existing property, inheritances, and gifts. Additionally, each spouse is entitled to 50% of the growth in equity of each other's assets, beginning from the date they started cohabiting. Common-law spouses may also be entitled to spousal support, and in the event of the death of one spouse, the surviving spouse can make a claim against the estate.
It is important to note that common-law status is automatic unless the couple actively opts out of the Family Law Act regime. This can be done through a cohabitation agreement, which is similar to a prenuptial or postnuptial agreement and can help alleviate financial issues in the event of a breakup. These agreements should be drafted by a qualified family law lawyer and signed in front of a witness to be legally binding.
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Common-law separations are treated like divorce
In British Columbia, common-law separations are treated similarly to divorces. Couples in a common-law relationship are regarded as “common-law spouses” under BC's Family Law Act of 2013, which grants them the same rights as married couples.
Upon separation, common-law spouses have the same rights and obligations as legally married couples, including the division of family property, spousal support, and child support. This means that, in the event of a separation, unmarried spouses have the same rights and obligations as legally married couples.
The dissolution of a common-law relationship triggers legal consequences similar to divorce for married couples, including the division of property, determination of parenting arrangements and child support obligations, and potential entitlement to spousal support. The Family Law Act governs the rights and responsibilities of unmarried individuals during separation, while married couples may be subject to the Family Law Act and the Divorce Act.
It is important to note that, in British Columbia, the legal recognition of a common-law relationship requires a clear separation from a spouse. If either party maintains a marital relationship with their existing spouse, cohabitation and the subsequent establishment of a common-law partnership cannot be legally recognized.
Additionally, there is no such status as "common law" in British Columbia; instead, the term “marriage-like relationship” is used. To qualify as a spouse in BC and claim spousal support and equal division of property, one must have lived in a marriage-like relationship for a continuous period of at least two years or have a child with that person.
While common-law separations are treated similarly to divorces in terms of rights and obligations, there are some differences in the legal processes involved. A separation occurs when two spouses no longer share a life, but they may remain legally married. A divorce, on the other hand, is when a court legally ends a marriage. To file for divorce in British Columbia, couples must have been separated for at least 12 months, unless there are exceptions, such as cruelty or adultery.
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Common-law couples can make a cohabitation agreement
In British Columbia, common-law couples are considered spouses under the Family Law Act of 2013 if they have lived together in a 'marriage-like relationship' for at least two years. This means that they take on the financial obligations associated with marriage, including a 50/50 split of debts and assets, excluding pre-relationship property, inheritances, and gifts.
To safeguard their interests, common-law couples can make a cohabitation agreement, which is a legally binding contract outlining the rights and responsibilities of unmarried couples living together. This agreement can be beneficial if created before moving in together or at any point during the relationship. It can address critical legal and financial matters, such as determining how household expenses, bills, and tax obligations will be split, providing peace of mind and strengthening the foundation of the relationship.
Cohabitation agreements are particularly important for common-law couples as, in the absence of a legally recognized marriage, they may not always have the same protection under traditional property laws. These agreements can help establish property rights, ensuring that each partner's interests are protected in the event of a separation.
Additionally, for couples with children or those planning to have them, a cohabitation agreement can outline parental rights and responsibilities, including parenting time arrangements, child support obligations, and decision-making authority. It can also clarify how debt is managed and shared, helping to avoid misunderstandings and disputes.
While there is no legal requirement to have a cohabitation agreement, consulting with an experienced family lawyer is recommended to ensure the agreement is legally sound, fair, and tailored to the couple's unique situation. These agreements promote stability, protect rights, and provide a structured framework for resolving disputes and making important decisions.
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Common-law relationships are not eligible for annulments
In British Columbia, common-law relationships are not eligible for annulments. Annulments are only granted for legally invalid marriages. A marriage can be declared invalid for several reasons, including:
- A close blood or adoptive relationship between the partners.
- A lack of understanding about the nature and responsibilities of marriage by one or both partners.
- One partner was forced into the marriage against their will.
- The marriage ceremony was not performed legally.
- Inability to consummate the marriage due to physical inability or a mental condition unknown at the time of the marriage and not due to a decision to not have sexual intercourse.
Annulments are less common in British Columbia and are only permitted under certain circumstances and for specific reasons. The process is complicated, costly, and requires going to court. It involves navigating complex legal processes, and strong evidence is required to support claims.
While British Columbia does not recognise the term "common law", it instead uses the term "marriage-like relationship". Couples who have lived together in a "marriage-like relationship" for a continuous period of at least two years are considered common-law spouses and are treated the same as married spouses if their relationship breaks down. Common-law partners are not covered by the Divorce Act and will need to refer to the Family Law Act.
A cohabitation agreement is beneficial for couples considering moving in together or those who have already done so. These agreements cover financial issues, such as the division of income, assets, and debts, which can become contentious during a breakup.
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Frequently asked questions
A common-law relationship in British Columbia is a legally recognised marriage-like relationship. This means that couples who live together in a marriage-like relationship for more than two years are considered common-law spouses.
There is no test or checklist to determine what constitutes a "marriage-like" relationship. However, factors such as living under the same roof, having a sexual relationship, sharing meals and household chores, and attending events as a couple can be used as evidence to prove common-law status.
Common-law spouses in British Columbia have the same legal rights and obligations as married couples, including a 50/50 split of debts and assets accumulated during the relationship.
There is no form or court document required to become a common-law spouse in British Columbia. After two years of living together in a marriage-like relationship, couples automatically take on the status of common-law spouses unless they actively opt out.
