common law marriage british columbia

Common Law Marriage in British Columbia: What You Need to Know

In British Columbia, the term “common law marriage” isn’t technically used. Instead, couples who live together in a marriage-like relationship are recognized as “spouses” under provincial law after a certain period. This recognition grants them similar rights and obligations to legally married couples, particularly when the relationship ends.

What Constitutes a Marriage-Like Relationship?

Determining whether a relationship is “marriage-like” is crucial in BC. Factors considered include:

* Cohabitation: Living together in the same residence is a primary factor.
* Sexual Relationship: An ongoing intimate relationship is expected.
* Financial Interdependence: Sharing finances, owning property jointly, or having joint bank accounts are significant indicators.
* Public Presentation: Presenting yourselves to family and friends as a couple.
* Commitment: Evidence of mutual commitment to the relationship’s longevity.
* Children: Whether you have children together also supports a relationship being marriage-like.

No single factor is decisive; instead, courts examine the totality of the circumstances. For a deeper understanding of spousal relationships under BC law, you can refer to this Common-law marriage in Canada article on Wikipedia.

When Does a Common Law Relationship Become “Spousal”?

In British Columbia, couples become “spouses” after either:

* Living together in a marriage-like relationship for at least two years.
* Having a child together.

Once either of these conditions are met, the couple has spousal rights and obligations under the Family Law Act.

Rights and Obligations of Spouses in BC

Once recognized as spouses, common law couples in BC have several important rights and obligations, including:

* Property Division: Equal division of family property acquired during the relationship.
* Spousal Support: One spouse may be entitled to financial support from the other, depending on factors like the length of the relationship, roles during the relationship, and each person’s financial needs.
* Child Support: Both parents have a legal obligation to support their children.
* Inheritance: Spouses may have inheritance rights if one partner dies without a will.

Frequently Asked Questions (FAQs)

What is the difference between being common law and legally married in BC?

Legally married couples go through a formal marriage ceremony and obtain a marriage certificate. Common law couples become spouses simply by meeting the criteria for a marriage-like relationship, particularly the length of cohabitation or having a child together. The legal rights and responsibilities regarding property division and spousal support are generally the same once spousal status is established.

How do I prove I am in a common law relationship in BC?

Proof can include documents showing joint ownership of property, joint bank accounts, shared bills, affidavits from family and friends, and evidence of public presentation as a couple. Any evidence demonstrating financial interdependence and commitment to the relationship is helpful.

Does BC recognize common law relationships from other provinces or countries?

Yes, if a relationship would be considered marriage-like in BC and the couple meets the requirements for spousal status in BC (e.g., two years of cohabitation), it will generally be recognized.

What happens if we break up?

The Family Law Act applies. You will need to address issues such as property division, spousal support, and child custody/support (if applicable) through negotiation, mediation, or court proceedings.

Do I need a written agreement if I am in a common law relationship?

While not required, a cohabitation agreement or separation agreement is highly recommended. These agreements can clearly define each partner’s rights and obligations regarding property, support, and other matters, providing clarity and potentially avoiding costly legal disputes in the event of a separation.

Summary

In British Columbia, “common law marriage” translates to being recognized as “spouses” after meeting specific criteria, primarily based on the length of cohabitation in a marriage-like relationship or having a child together. Once recognized, spouses have similar rights and obligations to legally married couples under the Family Law Act, especially concerning property division, spousal support, and child support. Understanding these laws is crucial for protecting your rights and planning for the future.