Legal issues for people in common-law relationships in BC can be complicated. The status granted to couples living together outside of a traditional marriage differs from province to province.

British Columbia couples living together share the same rights and privileges enjoyed by married couples, provided they have cohabited for at least two years. However, there are many exceptions.

Read this entire article to learn the details. It’s not as simple as you think. We also added some of our favourite family law memes in this article. While common-law and family law disputes are serious, we try to lighten up the industry as much as possible.

Many people dealing with common-law disputes cannot afford a lawyer. So we suggest speaking to a family law coach instead (to settle the dispute.) Contact us if you need to speak to one.

Marriage-like relationship

When you are in a marriage-like relationship, it can be even more complicated than marriage. The laws are not as clear, and many factors must be considered. Common-law couples need to be careful and take family law seriously. If your common-law spouse takes on a bunch of debt, is it considered family debt?

You don’t want to be responsible for your common-law partner’s mistakes. People have been accountable for $20,000 in credit card debt or $50,000 in student loans. Don’t let that be you.

Family laws in Canada can be very complicated. People are often unsure what to do with bank accounts or if they are entitled to child support. People want short answers, but the truth is that it depends on their particular situation.

Inheritances in high-net-worth places like Vancouver often come into dispute. If someone gets a three million dollar inheritance from a house in North Vancouver, according to BC law, who gets it? Your legal rights don’t change, but how your facts (situation) tie into those legal rights does.

Unmarried Cohabitation in British Columbia

We have lawyers who can assist you with your needs. You might want to consider cohabitation or separation agreements, which we will discuss in this article.

Sometimes, when a separation agreement fails, you must push things further. If this happens, your lawyer can fight for your rights in court. The most common question is what period people need to be together to be common law.

There is no legal answer to this, as there are too many factors to consider. Instead of leaving it to chance, create a cohabitation agreement before moving in together.

The differences in the laws of the different provinces can be striking. For example, couples in a common-law relationship in Ontario do not have the same property rights married couples enjoy.

However, couples in a common-law relationship in British Colombia have the same rights as couples in a traditional marriage. Read on to learn essential things about proving common-law relationships in British Columbia.

Separation Questions To Ask A Lawyer

Approximately nine percent of the Canadian population, 15 years of age and older, are separated. When couples decide to split up, one or both parties might not be ready to move on.

Understanding the legal implications is essential before deciding it is the right option for you. Here are the answers to seven of the most common questions people ask when contemplating a separation.

Below are some things to think about:

• How is debt division going to work?
• How about the division of property? Should it be an equal division?
• Will Canada Pension Plan laws come into effect if there is a separation?
• You need to be aware of child support guidelines
• Think about your insurance policy and leases
• Some ways to access legal information include finding a lawyer on Clearways Legal Marketplace, Legal Aid BC, or contacting a law firm directly.

Domestic Partnerships in BC

Separation is living separately and apart from your spouse. As long as one or both parties are involved in a marriage or, in provinces that recognize their legality, common-law marriages decide to live separately and apart, they are considered separate. The law does not require a court proceeding or formal process for separation.

What if neither my spouse nor I can afford to move out? Moving out of the home you share with your spouse can be expensive, particularly if you are leaving a home that you own together with your spouse and must contribute to a monthly mortgage payment.

Parents deciding to separate might elect to remain in the same house for the benefit of their children and to make parenting easier. Regardless of the reason you choose to do so, you can live separately or together while remaining under the same roof as your spouse.

As long as you and your spouse have separate sleeping arrangements and do not conduct yourselves as generally associated with a couple, such as eating meals together or going out together. The law considers you to be living separately and apart to satisfy the requirements for separation.

Being Separated From Your Spouse

Can my spouse change the locks if I move out during the separation? Your spouse cannot prevent you from entering the home the two of you shared while living together, including changing the locks when you move out. However, a court may grant a restraining order to someone at risk of being harmed by a current or former spouse.

A restraining order could prevent the offender from returning to the victim’s home. Violation of a restraining order could result in a person being jailed for committing a criminal offence.

How does a separation differ from a divorce? A divorce ends a marriage and requires a formal court proceeding. Separation does not end a marriage, and separated couples are still married.

Do I need a separation agreement to be separated?

Separation does not automatically resolve the issues when couples are no longer together, including the following:

• Child custody and parenting arrangements
• Child and spousal support
• Division of real and personal property owned by the couple
• Responsibility for payment of debts incurred during the marriage
• Possession of the marital home to raise the children of the marriage

Common-Law Relationships in BC

A court proceeding will eventually be required unless the parties resolve these and other issues through negotiations. A judge will then make the decisions. It is usually better for the parties to control their lives by reaching an agreement than leaving the decision to a judge. The decisions you and your spouse make are written into a separation agreement prepared by your lawyer.

A separation agreement is a legally binding and enforceable contract. The separation agreement simplifies the process by eliminating the need for a court to hold hearings. You get to decide the issues, and the deal contains the answers.

Does separation become a divorce?

Separation is not divorce. When you are common-law, you don’t divorce. If you were married, no matter how long you and your spouse live separately and apart, it does not become a divorce. You can use separation for at least one year as a ground for filing for a divorce.

A lawyer experienced in separation and other family law matters can provide advice and guidance. A lawyer’s assistance during the negotiations is helpful. They can work towards completing a separation agreement, which helps to protect your rights. As mentioned in this article, you cannot just look at the amount of time spent together to determine whether you are common law.

Instead of worrying about the date you will become common-law, hire a lawyer to prepare a cohabitation agreement. Or at least get some legal advice. You do not automatically become common law in BC after six months.

Below are some other things to consider regarding cohabitation:

Will you need to pay spousal support if you separate? Should you sign a cohabitation agreement before moving in together?

What are the rules for BC family law?

How can you set out the excluded property so it doesn’t get designated family property? What will happen to any family asset if you are unmarried?

How do you protect yourself while in a common-law relationship? Will a prenuptial agreement replace a cohabitation agreement if you get married?

Cohabitation Relationships in British Columbia

The Family Law Act of British Columbia defines a “spouse” as someone married to another person. The relationship between spouses and the rights that go with that relationship begins on the marriage date.

The law defines ” spouse ” as someone living together with another person. This must happen for at least two years in a marriage-like relationship. The two years are shortened if they have a child together.

Legal recognition as a spouse is important because it grants rights. Other provinces reserve these rights exclusively for couples in traditional marriages. British Columbia couples in a common-law relationship are entitled to an equal share of assets acquired during the relationship when they split up.

Grant property division rights

Other provinces, in contrast, grant such property division rights to individuals in a marriage who divorce. However, they do not grant them to couples in a common-law relationship who split up.

Things can get ugly quickly. In a case in Surrey, BC, the couple spent a lot of money on legal services to fight over tax returns. The case went to the BC Supreme Court. Don’t get legal advice from a family member about your spousal relationship.

A top family lawyer can help you with the following:

• Creating a cohabitation agreement
• Providing you with legal advice
• Filing something in court to fight for your rights
• Creating a marriage agreement
• Corresponding with the opposing party (your ex-spouse or their attorney)
• Helping you protect your RRSPs

Proving a British Columbia Common-Law Partnership

Common-law partnerships lack the legal formalities required for couples entering a traditional marriage. Before a couple may get married in British Columbia, one of the parties must apply for a marriage license at least three months before the ceremony.

The license fee is $100. The ceremony must be performed by someone licensed to officiate at marriage ceremonies. It’s amazing how easy it is to get married and how hard it is to end a relationship. Common-law separation is also complex when there are children or property.

The government mails a marriage certificate to the couple following the marriage ceremony. The certificate is proof of the marriage.

Couples living in a common-law relationship do not have the convenience of a marriage certificate.

Don’t get confused with common law versus statutory law

Family law is called “common law,” a marriage-like relationship. However, the British style of law is also called common law. We will briefly explain the British law style below and then return to the definition of family law.

Common law in British Columbia refers to a system of law based on judicial decisions and precedents rather than on written laws and statutes.

This means that the legal system in BC recognizes and weighs judges’ decisions in previous cases. Common law is a significant aspect of the legal system in BC and is used to make decisions in various areas, including contract law, property law, and tort law.

Common Law Relationships in BC

Common law in BC is established through court decisions, which can significantly impact future cases. When a judge decides a case, their decision becomes part of the common law and can be used as a precedent for future cases.

This helps to create a consistent and predictable legal system, as the same principles and legal interpretations are applied to similar cases. While common law is an integral part of the legal system in BC, it is also important to note that it does not always provide a clear answer to legal disputes.

In these cases, other sources of law, such as written statutes and regulations, may need to be consulted to resolve the dispute. Common law is subject to change as new cases are decided and new precedents are established.

Common law in British Columbia is a significant aspect of the legal system that provides a framework for resolving legal disputes. By relying on previous judicial decisions, common law helps to ensure a consistent and predictable legal system in BC.

To summarize:

• There is the common law family law term, meaning a non-marriage relationship.
• There is the common law system, which we use in Canada (versus the Civil law French system (minus Quebec.)
• And there is common law, which means judge-made law, versus statute law (made by politicians.)

If you need help with common law relationships in BC, speak with a law firm.