There is often confusion about what qualifies as a common-law or marriage-like relationship under the BC Family Law Act. According to the law, you are considered a common-law spouse if:
✔ You have lived together in a marriage-like relationship for at least two years; OR
✔ You have lived together for less than two years but have a child together.
What Do Common-Law Lawyers Do?
A common-law lawyer specializes in family law and helps individuals navigate their rights and obligations in a common-law relationship. Since common-law spouses now have the same legal protections as married couples, a family lawyer can assist with:
📌 Spousal support (alimony)
📌 Child support
📌 Parental responsibilities and child custody
📌 Division of assets and property
📌 Responsibility for debts acquired during the relationship
If you are found to be in a marriage-like relationship, these rights and obligations will apply to you.
How to Avoid Being Classified as Common-Law
If you are in a relationship but do not want to be considered common-law, you can opt-out by signing a cohabitation agreement with your partner. This legally binding document clarifies financial responsibilities and protects both parties from unexpected legal claims.
For those planning to move in together, it’s recommended to have this agreement in place before cohabitation begins to avoid future disputes.
Marriage vs. Common-Law: What’s the Difference?
Even if you are not legally married, you may still be considered a spouse under BC law. The Family Law Act applies to both married and common-law partners, whereas the Divorce Act only applies to legally married couples.
⚖️ Key Differences:
- Both same-sex and opposite-sex couples can qualify as spouses under the law.
- You must be in a marriage-like relationship to be recognized as a spouse.
- Long-term roommates do not qualify as spouses, even if they have lived together for years.
- Casual or short-term relationships do not automatically meet the legal threshold for common-law status.
Courts assess several factors to determine whether a relationship is marriage-like, such as shared finances, cohabitation, and emotional or physical intimacy.
Common-Law Rights Under the Family Law Act
The BC Family Law Act expanded the definition of spouses, leading to unexpected legal implications for some couples. Many people—especially those unaware of the law—are surprised to learn they qualify as common-law spouses and must deal with spousal support, property division, and financial responsibilities after a breakup.
If necessary, legal professionals can challenge a misclassification of your relationship. If your ex-partner claims common-law status to seek financial compensation but does not meet the legal definition, a lawyer can present evidence such as:
📌 Separate finances (individual bank accounts, no shared assets)
📌 No joint property ownership
📌 Gaps in cohabitation (not consistently living together)
📌 Lack of intimacy or commitment
Having a knowledgeable family lawyer ensures that your rights are protected, whether you are in a common-law relationship or disputing an incorrect claim.
Get Expert Advice on Common-Law Rights
Understanding the legal implications of common-law relationships is essential for protecting your financial and parental rights. If you are unsure about your status or need legal guidance, consult an experienced family law firm in Vancouver or BC for assistance.