The dynamics of relationships and marriages have evolved, and with these changes, the legal landscape has had to adapt. In British Columbia, common-law couples often face unique challenges and misconceptions regarding their rights in the event of a separation. It's crucial to understand that even without a formal marriage, you may have significant legal rights and responsibilities. This blog aims to demystify the rights of common-law couples during a separation, providing you with the essential knowledge to navigate this complex process.

1. What Constitutes a Common-Law Relationship in British Columbia?

In British Columbia, a couple is considered to be in a common-law relationship if they have lived together in a marriage-like relationship for at least two years. This definition is crucial as it sets the stage for the rights and obligations that arise when the relationship ends.

2. Property Rights and Division

Unlike married couples, common-law partners in British Columbia do not automatically have the right to an equal division of property upon separation. Property division for common-law couples is governed by the principles of property ownership and trust law. However, significant changes to the Family Law Act in 2013 mean that common-law couples now have rights similar to those of married couples when it comes to the division of family property and debt after living together for two years.

• Family Property: Includes assets acquired during the relationship and sometimes, the increase in value of the property brought into the relationship.

• Excluded Property: Includes property owned by one partner before the relationship, inheritances, and gifts, although the increase in value of these during the relationship may be divisible.

3. Protecting Your Interests

It is advisable for common-law couples to consider a cohabitation agreement to outline how property will be divided in the event of a separation. This proactive measure can provide clarity and protect both parties' interests.

Support Obligations: Understanding Entitlements and Responsibilities

In British Columbia, common-law partners may be entitled to spousal support under similar conditions as married couples. The entitlement to spousal support depends on several factors, including the length of the relationship, the roles during the relationship, and each partner’s financial status after separation.

• Seeking Support: One must demonstrate economic hardship following the breakup.

• Obligation to Provide Support: The financially stronger partner may need to provide support, especially if there was financial dependency during the relationship.

Custody and Access: Prioritizing Children’s Best Interests

For common-law couples with children, the legal approach to custody and access is the same as for married couples. The primary consideration is the children’s best interests, including their physical, emotional, and psychological safety, security, and well-being.

Navigating the end of a common-law relationship can be as legally complex as a marital divorce. Understanding your rights and obligations is the first step toward ensuring a fair and equitable resolution. At the Law Office of Gary Vlug, we specialize in family law, including the unique challenges faced by common-law couples in British Columbia.

Ready to Protect Your Rights?

If you are in a common-law relationship and considering separation, or if you need legal advice on your rights and options, contact us today. Our experienced team is dedicated to guiding you through every step of the legal process, ensuring your rights are protected and your future is secure.

Reach out to the Law Office of Gary Vlug for expert legal support and representation. Let us help you navigate your path forward with confidence and peace of mind.