Do Common-Law Couples Need a Divorce in British Columbia?

If you lived with a partner without marrying, you may wonder whether you need a divorce to end things. The short answer is no. But ending the relationship can still raise real legal questions about property, support and children.

This article explains why divorce does not apply to unmarried couples, who counts as a spouse, and what you deal with instead. It is general information, and your own situation may turn on details a lawyer can confirm.

This article covers the law of British Columbia.

Why unmarried couples do not need a divorce

A divorce is a court process that ends a marriage. The Divorce Act applies to married spouses, and unmarried spouses do not need a divorce; they resolve property, support and parenting under the Family Law Act.

The BC government says the Family Law Act may apply whether or not you were married, and that parenting, support and family-safety rules generally apply to both married and unmarried couples. It also says wills, estates and income tax already treat common-law and married families the same.

When you count as a spouse

Under the Family Law Act, a person is a spouse if they are married, or if they have lived with another person in a marriage-like relationship for a continuous period of at least 2 years. The Act says a spouse includes a former spouse.

The relationship begins on the earlier of the date you began to live together in a marriage-like relationship and the date of your marriage. Once the 2-year threshold is met, the relationship is counted from the start of living together.

There is an exception. Outside the property and pension division parts of the Act, a person who has lived in a marriage-like relationship for less than 2 years is still a spouse if they have a child with the other person.

What you sort out instead of a divorce

Without a divorce, the work of separating is about resolving the practical issues. These are the main ones:

• Property and debt: qualifying common-law couples can ask a court to divide property, and couples can opt out of these rules by agreement. Spouses are generally equally entitled to and responsible for family property and family debt.
• Spousal support: if a spouse is entitled to support, the other spouse has a duty to provide it.
• Parenting: the parenting rules generally apply to unmarried couples as well as married ones.
• Agreements: spouses may make agreements dividing property and debt equally or unequally.

This is a change from the past. Before 2013, unmarried couples could not ask a court to divide property under the family property legislation, however long they had lived together.

Watch the time limits

An application for property division, pension division or spousal support must generally be made within 2 years, and for unmarried spouses the 2 years run from the date they separated. The period is suspended while the spouses are in family dispute resolution or a prescribed process.

For married spouses the rule differs: the 2 years run from the date a divorce judgment is granted or a nullity order is made, not from separation. Whether a deadline can be extended depends on the facts, so ask a lawyer early.

What to do next

• Work out how long you lived together in a marriage-like relationship, and whether you have a child together.
• Write down the date you separated, since your time limit may run from it.
• List property, debts, income and any agreements you signed.
• Consider whether an agreement or a family dispute resolution process could settle the issues.
• Speak with a lawyer before the time limit runs out.

Frequently asked questions