How Do I Prove a Common-Law Relationship Exists in British Columbia?
This answer covers the law of British Columbia.
You prove a common-law relationship by showing that you and your partner lived together in a marriage-like relationship for a continuous period of at least 2 years. If your ex denies it, the question is usually whether the relationship was marriage-like and how long it lasted without a break.
The Family Law Act does not list a fixed set of factors that prove a marriage-like relationship, so courts look at the evidence case by case. In practice, people often gather things like proof of a shared address, joint accounts, tax records, and statements from friends or family who saw you live as a couple. Which items matter most depends on your situation.
A couple with less than 2 years together who have a child can still be spouses for support and parenting, but not for property or pension division. Once the 2-year threshold is met, the relationship is counted from the start of cohabitation, not from day 731. Time limits apply to property and support claims. A lawyer can help you sort out which evidence fits your case.
Key takeaways
- A person is generally a spouse if married, or if they lived with someone in a marriage-like relationship for a continuous period of at least 2 years.
- There is no fixed checklist of proof, so courts assess the evidence case by case.
- A child together can make you a spouse for support and parenting, but not for property or pension division.
- Time limits apply to property and support claims, and for unmarried spouses they run from the date of separation.