Evidence and Documentation: Establishing the Start of a Relationship

Establishing the Start of a Relationship

The timing of the beginning of a common-law relationship can have significant implications, especially in cases where substantial assets are involved. Proving the start date of a common-law relationship can be crucial for determining the division of assets, particularly if there has been significant financial growth during the relationship.

To establish the start date of a common-law relationship, documentation and evidence are key, such as:

Statutory declarations
Shared bank accounts
Credit cards
Ownership or leases of residential
property
Shared bills and utilities
Shared household expenses
Shared purchases
Financial records
Emails

Statutory declarations
Shared bank accounts
Credit cards
Ownership or leases of residential
property
Shared bills and utilities
Shared household expenses
Shared purchases
Financial records
Emails

In a hypothetical scenario, if one person’s stock portfolio doubled in value over a period of six months while in a common-law relationship, the date of the relationship’s commencement could influence how the increased value of the assets is divided in the event of a separation. If the relationship started after the portfolio had already appreciated significantly, the other partner may argue for a lesser share of the increase. Conversely, if the relationship began before the appreciation, both partners may have a stronger claim to a share of the increased value.

It is essential to document and retain evidence of the relationship’s start date, especially if substantial financial assets are involved.

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.