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