In Canada, a relationship can be legally akin to marriage if partners cohabit for a significant period,
regardless of whether they share a last name. This is commonly referred to as a “Common Law” relationship, and the specific rules vary by province. This article focuses on the regulations applicable in British Columbia.
In British Columbia, a common law relationship is recognized when partners live together for at least two years, granting them similar legal rights and responsibilities as married couples.
What Is A Common Law Relationship In British Columbia?
In Canada, common law relationships hold significant legal weight, akin to marriage, though the partners may not share a last name. Often referred to as “common-law,” this non-marital status comes with various rights and responsibilities once couples cohabit for at least 2 years.
How Long Do You Have To Live Together To Be Common Law?
In British Columbia, to be considered common-law partners, you must live together continuously in a marriage-like relationship for at least two years. However, if you have a child together, the period required to establish a common-law relationship may be shorter.
You Must Be In A Marriage-Like Relationship
A “marriage-like relationship” involves more than just living together; it includes sharing financial responsibilities, supporting each other emotionally, and presenting yourselves as a couple to the outsideworld. This type of relationship is characterized by factors such as shared household duties, financial interdependence, and a mutual commitment to a shared life.
Common Law Vs Marriage: What Is The Difference?
There are notable differences between common law relationships and marriages, particularly in how they are recognized and formalized. Marriage requires a legal or ceremonial commitment and is universally recognized with well-defined legal rights and responsibilities, including property division and spousal support.
Common law relationships in British Columbia are recognized after partners have cohabitated for a specified period (two years in BC), and while they can confer many similar legal rights upon separation,they are not formalized through ceremony. Both relationship types are governed by the Family Law Act in BC, but only marriage falls under the federal Divorce Act as well.
How Does Common Law Separation Work?
Common law separations in British Columbia are handled similarly to a divorce in terms of division of assets and determining spousal/child support, but without the need for a formal divorce decree.
Partners are considered common law after living together for two years in a marriage-like relationship. Upon separation, they may be entitled to:
- Child Support Ensuring financial support for children involved.
- Spousal Support:Financial assistance from one common law spouse to the other, similar toalimony.
- Property:Division of property accumulated during the relationship, though this can be more
complex than in a marriage.
These entitlements require legal proceedings similar to those for married couples, often involving
negotiations or court interventions to resolve disputes.
Can You Opt Out Of Common Law Status?
Yes, in British Columbia, couples can opt out of common law status by signing a cohabitation agreement.This legal document allows partners to define their own terms regarding how their assets and financial obligations will be handled both during the relationship and if it ends. This agreement functions similarly to a prenuptial agreement in a marriage, providing a clear framework and helping avoid the automatic legal implications of common law status.
Common Law In BC: Frequently Asked Questions
What is a cohabitation agreement in BC?
A cohabitation agreement in BC is a legal document that couples living together can create to define their rights and obligations during the relationship and in the event it ends. This agreement can include provisions for property division, financial support, and other relevant matters, similar to a prenuptial agreement in a marriage.
Is 6 months considered common law?
together for at least two years in a marriage-like relationship to be recognized as common law partners.
What is the common law asset split in BC?
The common law asset split in BC is 50-50 for the assets and liabilities accumulated throughout the relationship. This can include pensions, insurance, and spousal support.