What Are My Rights When I Separate in British Columbia?
This answer covers the law of British Columbia.
Your rights depend on the issue, and they are mostly the same whether you are married or common-law. The Family Law Act deals with property, debt, support and children for married spouses and for unmarried spouses in a marriage-like relationship. An unmarried person generally counts as a spouse after living together in a marriage-like relationship for at least 2 years.
On separation, each spouse has a right to an undivided half interest in all family property, and both are responsible for family debt, subject to any agreement or order. Property division is decided in the Supreme Court, because the Provincial Court cannot hear it except for companion animals. The court can also make a temporary order giving one spouse exclusive occupation of the family home, which does not transfer ownership.
Spousal support is not automatic. An unmarried person with a child can qualify as a spouse for support without 2 years together, but not for property division. Property, debt and spousal support claims under the Family Law Act generally must be started within 2 years, but spousal support under the Divorce Act has no time limit for married people, and child support and parenting claims are not limited this way. A lawyer can confirm how this applies to you.
Key takeaways
- The Family Law Act covers property, debt, support and children for both married and unmarried spouses in a marriage-like relationship.
- Each spouse has a right to an undivided half interest in family property and both are responsible for family debt, unless an agreement or order says otherwise.
- Only the Supreme Court can grant a divorce, and the Divorce Act applies only to married spouses.
- Property, debt and spousal support claims under the Family Law Act generally must be started within 2 years, but a married person claiming spousal support under the Divorce Act has no time limit, and child support and parenting claims are not subject to it.