Are we in a Common Law Relationship in British Columbia?

Over time, the concept of a standard and socially accepted living arrangement has evolved, and with it, the law. Traditionally, a marriage was considered the centrepiece of a family. However, in recent times, the value of marriage to some just does not hold up to what it was a few decades ago. As a result, the law has adapted to these changing sentiments. One of them being the introduction of common law relationships.

A common law couple live in a ‘marriage-like relationship’. Many people believe they do not need to go through the process of legally recognized marriage or do not believe in the idea all together. As a result, couples chose not to be legally married yet live together in marriage-like relationships, which affords them the same legal rights to property and asset division of a legally married couple under the BC Family Law Act as of 2013. The Divorce Act does not apply to common law couples which may be less favourable to your case. 

In a common law arrangement, two people, of the same or opposite sex, must live together in a committed relationship for a period of at least two years in order to have access to legal protection. The exception to this time requirement would be a couple who has a child together, in which case the court would apply spousal support but the rules of property and asset division would be exempt. If the two years are not met and there is no child from the relationship, neither party is entitled to any legal rights.

There are multiple factors that the courts will consider in order to determine if the relationship meets the criteria of common law. This is because the BC Family Law Act requires common law partners to be a ‘spouse’ and meet the criteria as such. Some factors the court may view include but are not limited to:

1. Joint ownership or rental agreement of a home

2. Identification with same home address

3. Joint finances

4. Splitting household expenses such as utilities

5. Physical intimacy

6. Shared children

Satisfying these or other similar factors would prove a marriage like relationship to the court and entitling you to child/spousal support, property/debt division and other legal rights of a spouse such as contesting a will if your partner passes or even intestacy laws if there is no will.

A cohabitation agreement is often associated with a common law relationship. A cohabitation agreement is a legally binding contract between the two parties of a common law relationship. This agreement, akin to a prenuptial agreement, outlines a mutual division of assets and debts, as well as other matters such as arrangements pertaining to children such as child support or parenting provisions, if the relationship was to come to an end. This contract can be drafted before or during the common law relationship.

Any family law matter can be overwhelming and common law arrangements are no exception to this. Our lawyers have experience to guide you and simplify the process to alleviate the struggle of tackling this on your own. Contact your local British Columbia White Rock Family Lawyers at SiLaw Group Family Lawyers so we can inform you about your rights. We offer a free legal consultation with one of our family lawyers for 30 minutes by booking HERE to meet with us on the telephone, video conference or in person at our office located 201-3108 Croydon Drive, Surrey, British Columbia. We can be reached at (778)381-9977.