How do I prove a common-law relationship in British Columbia?
This answer covers the law of British Columbia.
You prove a common-law relationship by showing that you lived with the other person in a marriage-like relationship for a continuous period of at least 2 years. The Family Law Act does not list a fixed set of proof factors, so courts assess the evidence case by case.
In practice, people usually gather evidence that shows how the two of you lived and presented yourselves, such as shared addresses, joint bank accounts, leases or bills, tax or insurance records, and messages or photos. Gather these early, before memories fade and records are lost. The start date matters, because once the 2-year threshold is met the relationship is counted from the start of cohabitation.
Spouses may be separated while still living in the same residence, so the end date can also be disputed. Even if you lived together for less than 2 years, having a child together can make you a spouse for support and parenting matters, though not for property or pension division. Because every case turns on its own facts, a lawyer can help you decide what evidence matters.
Key takeaways
- A spouse includes someone who has lived with another person in a marriage-like relationship for a continuous period of at least 2 years.
- The Family Law Act does not set a fixed list of proof factors, so courts weigh the evidence in each case.
- Once the 2-year threshold is met, the relationship is counted from the start of cohabitation.
- A child together can make you a spouse for support and parenting before 2 years, but not for property or pension division.