Common Law Partner
COMMON-LAW PARTNER IN BRITISH COLUMBIA
Valerie M. Little strives to provide strategic advice grounded in British Columbia family law. Once the statutory criteria are met, common-law partners may have entitlements relating to property division, spousal support, and parenting arrangements.
In British Columbia, individuals who live together in a marriage-like relationship for at least two years, or who have a child together and have lived in a marriage-like relationship, may be recognized as spouses under provincial family law. Contact us to discuss your common-law partner situation in British Columbia.
What Is a Common-law Relationship?
A common-law relationship in British Columbia exists when two individuals live together in a marriage-like relationship. Legal recognition depends on the duration and nature of cohabitation in British Columbia.
Under the Family Law Act, individuals are considered spouses if they:
have lived together in a marriage-like relationship for at least two years; or
have lived together in a marriage-like relationship for less than two years, but have a child together.
Shared residence
Financial interdependence
Joint decision-making
Presentation as a couple socially
Key Aspects of Common-law in British Columbia
Common-law provides significant legal rights and obligations once the statutory requirements are met. Here are the key aspects:
Property division: After two years of cohabitation in British Columbia, common-law partners are generally entitled to an equal division of family property and to share responsibility for family debt, subject to exclusions under the Family Law Act.
Excluded property: Certain property, such as assets owned before the relationship or inheritances received during the relationship, may be excluded from division. However, any increase in value of the asset during the relationship may be subject to division.
Spousal support: A common-law partner may claim spousal support if certain eligibility criteria are met. The same statutory factors that apply to married spouses are considered.
Parenting arrangements: Parenting responsibilities and child support obligations are determined without distinction between married and common-law couples.
What Relationship Qualifies as a Common-law Partner?
To determine whether a relationship qualifies as a common-law partnership, you should analyze certain facts. The relevant factors typically assessed by the court are as follows:
Length of cohabitation;
Shared financial arrangements;
Joint ownership or lease of property;
Shared household responsibilities;
Public representation as a couple;
Intention of the parties.
Valerie can assess whether you have met the criteria to be called a common-law spouse.
Is Common-law Different from Marriage?
Common-law couples in British Columbia have many rights similar to married spouses; however, differences remain.
Key distinctions are as follows:
Automatic property rights: Married spouses have immediate property rights upon marriage. Common-law partners acquire property division rights only after two years of cohabitation.
Automatic spousal support entitlement without any time limit. Married spouses do no have to be married for a minimum of two years to seek spousal support. Common-law partners must continuously live together for 2 years before they can file for spousal support.
Divorce process: Married spouses must obtain a divorce under the Divorce Act to legally end the marriage. Common-law partners do not require a formal divorce.
Estate and pension rights: Certain pension and estate rights may differ depending on federal or provincial legislation.
Major Family Law Issues Faced by Common-law Couples
Common-law family issues may arise upon separation. The key legal concerns that often require formal resolution are:
Division of property and debt: Determining family property versus excluded property often requires a detailed financial review.
Spousal support claims: Disputes may arise regarding entitlement, duration, and amount of spousal support.
Parenting disputes: Parenting time and decision-making responsibilities must be determined in the child’s best interests.
Limitation periods: Claims for property division must generally be commenced within two years of separation.
Valerie regularly provides advice on these statutory timelines and procedural requirements.
Why Choose Us for Common-law Family Issues in British Columbia?
Valerie M. Little Law Corporation provides legal services related to common-law partner matters in British Columbia. Our team strives to provide structured advice grounded in the Family Law Act and relevant case law.
Her services include:
determination if you legally qualify as a common-law spouse;
drafting and review of cohabitation agreements;
analysis of property and debt division;
court representation where required and requested.
Valerie ensure's that your legal rights and obligations in British Columbia are clearly explained, understood and documented properly.