Married vs. Common Law:

If you and your partner are going through a separation, the BC Family Law Act and the Divorce Act may impact your case. While both laws address family law matters, the one that applies to you depends on whether you were legally married or in a common-law relationship. Understanding the distinctions between these legal frameworks is crucial when determining your rights and obligations.

What Defines a Common-Law Relationship in BC?

Under the BC Family Law Act, which came into effect in March 2013, the definition of a spouse extends beyond legally married couples to include common-law relationships. 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 share a child together.

Merely dating for several years does not automatically qualify a couple as common-law spouses—the relationship must meet specific legal criteria.

How Courts Determine a Marriage-Like Relationship

To establish whether a couple qualifies as common law, courts assess various factors, including:

🔹 Whether the couple has children together
🔹 Joint ownership of property or significant assets
🔹 Shared financial responsibilities, such as household expenses
🔹 Financial support provided between partners
🔹 Public recognition as a couple, including attending social events together
🔹 Efforts to maintain the relationship, such as counseling
🔹 Emotional and physical intimacy

A combination of these factors helps determine whether a relationship meets the legal definition of common law.

Rights and Obligations of Common-Law Spouses

If you are legally recognized as a spouse under the BC Family Law Act, you may have similar rights and responsibilities as a legally married partner. These may include:

✔️ Spousal support
✔️ Child support
✔️ Division of assets and debts

To protect your legal interests, consulting a family lawyer is crucial—whether you are navigating a breakup or considering a cohabitation agreement before moving in together.

At City Law Group, our team of family law experts in Surrey and Vancouver is here to guide you through divorce, separation, and common-law matters with professionalism and care.