Common Law in BC Explained: Rules, Rights, and Cohabitation Agreements

Understanding Common Law Partnerships in BC

Overview of Common Law Partnerships

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.

In British Columbia, a common law relationship is recognized when partners live together for at least two years in a marriage-like relationship, granting them similar legal rights and responsibilities as married couples.

Eligibility Criteria for Common Law Status

Time Requirements for Cohabitation

To be considered common-law partners in British Columbia, 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.

Defining a Marriage-Like Partnership

A marriage-like relationship involves more than just living together. It includes:

Sharing financial responsibilities
Supporting each other emotionally
Presenting yourselves as a couple to the outside world
Sharing household duties
Financial interdependence
Mutual commitment to a shared life

Common Law vs. Marriage: Key Differences

While common law relationships and marriages share many similarities, there are notable differences in how they are recognized and formalized:

Marriage:

Requires a legal or ceremonial commitment
Universally recognized with well-defined legal rights and responsibilities
Governed by both the Family Law Act (BC) and the federal Divorce Act
Includes clear provisions for property division and spousal support

Common Law:

Recognized after partners have cohabitated for a specified period (two years in BC)
Not formalized through ceremony
Can confer many similar legal rights upon separation
Governed by the Family Law Act in BC only (not the federal Divorce Act)

How Common Law Separation Works

Common law separations in British Columbia are handled similarly to a divorce in terms of division of assets and determining support, but without the need for a formal divorce decree.

Upon separation, common law partners 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 to alimony.
Property Division: 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.

Daniel Mandelbaum

CERTIFIED FAMILY MEDIATOR – JUSTICE INSTITUTE OF BRITISH COLUMBIA

I discovered that I was born to mediate and collaborate, as I was – and still am – the individual that my friends and family call on to resolve any conflicts that may arise.