When Is a Couple Considered Common-Law Under BC's Family Law Act?
This answer covers the law of British Columbia.
A couple is generally common-law in British Columbia once they have lived together in a marriage-like relationship for a continuous period of at least 2 years. Under the Family Law Act, that makes each of you a spouse, whether or not you married, and a spouse includes a former spouse.
The test looks at how you actually live, not at a certificate. The Act does not list a fixed set of proof factors for a marriage-like relationship, so courts assess the evidence case by case. The 2 years must also be continuous.
The 2-year rule matters most for property and pensions. Property division rules apply to unmarried couples who have lived together in a marriage-like relationship for at least two years, though couples can opt out by agreement. Pension division needs the same 2-year test. Support is different: with less than 2 years together, you are still a spouse outside Parts 5 and 6 if you have a child together. So spousal support can apply sooner than property division. Which rules apply to you depends on your facts, so a lawyer can confirm.
Key takeaways
- You are generally a spouse if you are married or have lived together in a marriage-like relationship for a continuous period of at least 2 years.
- There is no fixed checklist for a marriage-like relationship, so courts look at the evidence case by case.
- Property and pension division need the 2-year test, and a child together is not enough for them.
- Spousal support can apply sooner than property division, including where you have lived together for less than 2 years and have a child together.