In British Columbia, common-law relationships are recognized under the Family Law Act (FLA), which provides certain legal rights and obligations to partners who live together in a marriage-like relationship. While these rights are not identical to those of married couples, understanding the legal implications of a common-law relationship is crucial for anyone considering or currently in such an arrangement.
Table of contents
What Qualifies as a Common-Law Relationship in BC?
In BC, 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; or
- They have lived together for less than two years but have a child together and have chosen to parent the child jointly.
The term “marriage-like relationship” includes emotional and physical intimacy, shared finances, and a commitment to living as a family unit.
Property Division
One of the most significant legal aspects of a common-law relationship is the division of property when the relationship ends. Under the FLA, property division rules for common-law partners are similar to those for married couples:
- Property acquired during the relationship is generally considered “family property” and is subject to equal division.
- Property acquired before the relationship or through inheritance is typically excluded, unless it has been significantly used or shared during the relationship.
- Each partner retains the right to the property they brought into the relationship, but any increase in the value of such property during the relationship is shared equally.
It is advisable to draft a cohabitation agreement to clarify property division and reduce disputes in the event of a separation.
Spousal Support
Common-law partners may be entitled to spousal support upon separation. The eligibility depends on factors such as:
- The length of the relationship
- Each partner’s financial circumstances
- Contributions to the relationship, such as caregiving or supporting the other’s career
Spousal support aims to address economic disadvantages caused by the relationship and ensure a fair standard of living post-separation.
Parental Responsibilities and Child Support
For common-law couples with children, the FLA ensures that both parents have obligations and rights concerning their children:
- Parenting Time and Responsibilities: Both parents are expected to act in the best interests of the child. Parenting arrangements can be determined by agreement or through court orders.
- Child Support: The law requires both parents to contribute to the financial support of their children, regardless of their marital status. Child support amounts are typically determined based on federal guidelines.
Inheritance Rights
Unlike married couples, common-law partners do not automatically inherit from one another under BC’s Wills, Estates and Succession Act (WESA). To ensure your partner is provided for, it is crucial to have a valid will in place.
However, a common-law partner can make a claim against the estate under certain circumstances if they were financially dependent on the deceased partner.
Ending a Common-Law Relationship
Ending a common-law relationship does not involve formal divorce proceedings. However, disputes over property, support, and parenting arrangements may require legal intervention. It is important to note that claims for property division must typically be made within two years of separation.
Protecting Your Rights
- Create a Cohabitation Agreement: This legal document outlines each partner’s rights and responsibilities, including property division and spousal support.
- Draft a Will: Ensure your partner is provided for in the event of your death.
- Maintain Financial Records: Keep clear records of assets, debts, and contributions to joint property.
- Seek Legal Advice: Consult a family lawyer to understand your rights and obligations.
If you are in a common-law relationship or considering entering one, here are some steps to protect your rights:
Conclusion
Common-law relationships in BC come with significant legal rights and responsibilities. While the law provides a framework for property division, support, and parenting, it is essential for partners to take proactive steps to protect their interests. Understanding your rights and obligations can help you navigate the complexities of a common-law relationship with confidence and clarity.
If you have specific questions or need assistance, consider booking a consultation with an experienced family lawyer. They can provide tailored advice and help you make informed decisions about your rights and responsibilities.
What is a common-law relationship in BC?
A common-law relationship is when two people live together in a marriage-like relationship for at least two years or have a child together and choose to parent jointly.
What legal rights do common-law partners have in BC?
Common-law partners in BC have rights regarding property division, spousal support, and parental responsibilities under the Family Law Act.
How is property divided in a common-law separation?
Property acquired during the relationship is considered family property and is usually divided equally. Property acquired before the relationship is typically excluded, except for increases in value.
Do common-law partners automatically inherit each other’s property?
No, common-law partners do not automatically inherit from each other. A valid will is needed to ensure inheritance rights.
What is a cohabitation agreement?
A cohabitation agreement is a legal document that outlines each partner’s rights and responsibilities, such as property division and spousal support, in the event of separation.
Can common-law partners claim spousal support?
Yes, spousal support may be claimed based on factors like the length of the relationship, financial circumstances, and contributions to the relationship.
What happens if common-law partners have children?
Both parents share responsibilities and obligations, including parenting time and child support, as determined by the Family Law Act.
How long do you have to claim property division after a common-law separation?
Claims for property division must typically be made within two years of separation.
What does \”marriage-like relationship\” mean?
A marriage-like relationship involves emotional and physical intimacy, shared finances, and a commitment to living as a family unit.
Do I need a lawyer to draft a cohabitation agreement?
While not mandatory, consulting a lawyer ensures that the agreement is legally sound and enforceable.
Are debts shared in a common-law relationship?
Debts incurred during the relationship are considered family debts and are typically shared equally upon separation.
Can I change my will after entering a common-law relationship?
Yes, you can update your will at any time to reflect changes in your relationship or personal wishes.
How is spousal support calculated for common-law partners?
Spousal support is calculated based on factors like financial need, ability to pay, and contributions to the relationship.
Do common-law partners have the same rights as married couples?
Common-law partners have similar but not identical rights to married couples, especially regarding inheritance and property division.
What should I include in a cohabitation agreement?
Include details on property division, spousal support, debt responsibility, and any other financial or personal agreements.
How can I prove a common-law relationship?
Evidence such as joint bank accounts, shared bills, and declarations of relationship status can help prove a common-law relationship.
Are gifts considered family property in a common-law relationship?
No, gifts are usually excluded from family property unless they were shared or used for family purposes.
What happens to jointly owned property after separation?
Jointly owned property is typically divided equally unless otherwise agreed upon in a cohabitation agreement.
Can common-law partners get divorced?
No, divorce is only for legally married couples. Common-law partners separate without formal divorce proceedings.
Is child support mandatory in a common-law separation?
Yes, both parents are legally required to provide financial support for their children.
How can I protect my assets in a common-law relationship?
Creating a cohabitation agreement and keeping financial records can help protect your assets.
Do I need to register my common-law relationship?
No, there is no registration process for common-law relationships in BC.
Can common-law partners adopt children together?
Yes, common-law partners can adopt children together in BC.
How are pensions divided in a common-law relationship?
Pensions earned during the relationship are considered family property and are subject to division.
Can I exclude certain assets from family property?
Yes, assets acquired before the relationship or through inheritance are generally excluded unless they have been significantly shared or used during the relationship.
What if my partner refuses to pay child support?
You can seek a court order to enforce child support payments under the Family Law Act.
How does the Family Law Act affect common-law partners?
The Family Law Act governs property division, spousal support, and parental responsibilities for common-law partners in BC.
Do common-law partners have rights to each other\u2019s income?
No, income is not automatically shared, but spousal support may address income disparities upon separation.
What should I do if I’m separating from my common-law partner?
Consult a family lawyer to understand your rights and obligations and consider mediation to resolve disputes.
0 Comments