Common Law

In British Columbia, "common law" is the colloquial term for a "marriage-like relationship", and couples in such relationships generally have the same legal rights and responsibilities as married couples under provincial law, provided they meet certain conditions. 

Definition of "Spouse" Under BC Law> Under BC's Family Law Act, you are considered a "spouse" if you are in a marriage-like relationship and meet one of two criteria: 

· You have lived together in a marriage-like relationship for at least two continuous years.

· You have a child together (in this case, the two-year minimum does not apply for child and spousal support, but it does for property division). 

Key Legal Implications| Once a couple is considered "spouses" under the Family Law Act, the following applies:

· Property and Debt Division: Upon separation, family property and family debt accumulated during the relationship are generally divided equally (50/50), similar to married couples. Property owned before the relationship (excluded property) remains with the original owner, but any increase in its value during the relationship is usually shared.

· Spousal Support: A partner may be entitled to spousal support (similar to alimony) if they meet the criteria for being a spouse.

· Child Support and Parenting: Laws regarding child support and parenting arrangements (parental responsibilities and parenting time) apply to all parents, regardless of whether they were married or in a common law relationship.

· Inheritance (Without a Will): In BC, common law partners are treated similarly to married spouses under intestacy laws (rules that apply when someone dies without a will) and are considered among the next of kin. However, to ensure your partner is protected according to your specific wishes, it is crucial to have a valid will.  

Differences from Marriage The main legal differences are:

· A common law relationship is not a formalized legal marriage, so a formal divorce decree is not required for separation.

· While provincial law treats common law and married spouses similarly for most family law matters, only married spouses can access the federal Divorce Act.

· For federal purposes such as income tax and certain government pensions, a couple is typically considered common law after living together for just one year in a conjugal relationship. 

Protection and Planning

Couples can create a cohabitation agreement to define their own terms regarding asset/debt division and support, which allows them to "opt out" of the default provisions of the Family Law Act. This works like a prenuptial agreement and can help avoid disputes later.