Skip to content
Spectrum Family Law Logo
  • Areas of Family LawExpand
    • DivorceExpand
      • Divorce Mediation
      • Collaborative Law
      • Uncontested Divorce
      • Joint Divorce
    • Child Custody
    • Child Support
    • Surrogacy & Fertility Law
    • Spousal Support
    • Maintenance Enforcement Program
    • Marital Property Division
    • Common Law Separation
    • Marriage AgreementsExpand
      • Cohabitation Agreements
      • Prenuptial Agreement
      • Separation Agreements
    • Real Estate for Families
    • Coaching & Self-Representation
  • Locations & TeamExpand
    • Meet Your Team
    • Locations
    • Contact Us
    • About Us
    • Awards & Recognition
  • Knowledge CentreExpand
    • Alberta Family Law
    • BC Family Law
    • Divorce Deep Dive
    • Child Support
    • Separation Info
    • Mediation Tips
    • Vancouver Articles
    • Calgary Articles
    • Edmonton Articles
Get Help Now
Spectrum Family Law Logo

Marriage Vs Common Law in British Columbia

Hours Updated onDecember 4, 2024 Categories BC
Marriage Vs Common Law Relationships in British Columbia

Couples who are not legally married but live in a common law or “marriage-like relationship” in B.C. are treated similarly to married couples when they separate.

If you’re married, the federal Divorce Act and the BC Family Law Act may be used for legal guidance as you resolve issues of property and debt division, spousal support, child support, and so on.

For common-law couples, only the Family Law Act will apply. This legislation grants the same rights and obligations to common-law partners as it does to married spouses.

But what is considered common-law or a “marriage-like relationship” in British Columbia? And do you need a cohabitation agreement if you’re considering moving in together and living like a married couple?

It helps to understand more about the similarities and differences between common-law and married status, especially when it comes to separation.

Table of Contents
  • Are common law and married spouses treated the same when they separate?
  • How is "common-law" status determined in BC?
  • How long do you need to be together to be classed as common-law spouses in BC?
  • What is considered a "marriage-like relationship" in BC?
  • How Does an Annulment Differ Between Marriage and Common-Law Relationships in British Columbia?
  • Can a cohabitation agreement help common-law couples in BC?
  • What is a "no common law" agreement?
  • Married or common law in BC: Which is best?

Are common law and married spouses treated the same when they separate?

Under British Columbia’s family law system, people who live in a marriage-like relationship are treated the same as married spouses if their relationship breaks down.

The same rights and obligations apply to the following key matters:

  • Property and debt division
  • Spousal support
  • Child support
  • Parenting arrangements

The only difference is that married couples can also refer to the Divorce Act when addressing these matters (sometimes, the provisions of this Act make it beneficial to do so). Common-law partners are not covered by this legislation and will need to use the Family Law Act only.

How is “common-law” status determined in BC?

In British Columbia, there is no such status as “common law” but, instead, the term “marriage-like relationship” is used.

It can be applied to couples who:





Our family-focused paralegals are standing by to guide you.



  • Are legally married to another person; or
  • Have lived with another person in a marriage-like relationship for a continuous period of at least two years, even if they are not legally married; or
  • Have lived with another person in a marriage-like relationship for less than two years but have a child with that person (only for the purposes of claiming spousal support).

The same definitions apply regardless of gender in B.C. so same-sex couples are also covered.

Note that even if you have been with the same partner for 10 years but have not lived in a marriage-like relationship, you may not be regarded as common-law spouses under B.C. law.

How long do you need to be together to be classed as common-law spouses in BC?

To qualify as a spouse in B.C. (and be able to claim spousal support and equal division of property), you must have been living in a marriage-like relationship for a continuous period of at least two years.

If you have a child together and have lived in a marriage-like relationship for less than two years, you can claim child support and spousal support but not an equal division of property.

If you were living together in a marriage-like relationship without children for less than two years, you have no statutory rights on separation. However, you may retain a common law/equitable claim to the property based on contributions you made to the relationship.

What is considered a “marriage-like relationship” in BC?

It’s a key term in BC common-law separations but what exactly is regarded as a “marriage-like relationship”?

The term relates to the specific characteristics of the relationship. There is no test or checklist for this but, regardless of the duration of the relationship, partners may be regarded as living in a marriage-like relationship if they can prove the following types of characteristics to the court:

  • Physical intimacy
  • Joint purchase of a home or other property
  • Joint bank accounts
  • Pooling of finances to pay expenses
  • Provision of financial assistance to each other
  • Attended counselling together
  • Known socially as “partners” or a “couple”
  • Shared meals, household chores, shopping, etc.
  • Purchased gifts for each other

It is not necessary to show all of this to prove common-law status but any evidence of such elements in a relationship will be considered by the courts.

How Does an Annulment Differ Between Marriage and Common-Law Relationships in British Columbia?

An annulment in British Columbia applies strictly to legally recognized marriages and declares them void, as if they never occurred. Common-law relationships, however, are not eligible for annulments but may involve separations where assets and obligations are resolved differently. Specific legal criteria must be met to seek an annulment british columbia.

Get Family Law help in Alberta & BC - Click Here

Can a cohabitation agreement help common-law couples in BC?

A cohabitation agreement can be beneficial if you and your partner are thinking about moving in together — or have already moved in with each other.

These agreements typically cover the main financial issues that can arise if the relationship should end in the future: namely, the division of income (support issues) and the division of assets and debts.

Such issues can become contentious in the emotional cauldron of a relationship breakup. So, a cohabitation agreement can help to alleviate such issues and provide guidance for the next steps as you plan your lives separately.

Cohabitation agreements are similar to prenuptial or postnuptial agreements for married couples and have become an increasingly common feature of relationships in B.C.

Bear in mind that to be a legally-binding document, a cohabitation agreement should be drafted by a qualified family law lawyer and signed in front of a witness.

What is a “no common law” agreement?

Some couples enquire whether they can sign a “no common law” agreement as they enter a relationship to avoid common-law status.

Get Family Law help in Alberta & BC - Click Here

While you and your partner may sign a document to state that you’re NOT in a marriage-like relationship, the B.C. courts may view the matter differently. Case law has determined that the subjective intent of a couple signing such an agreement does not determine whether or not they are objectively in a common-law marriage-like relationship.

Actions speak louder than words in such cases. So, the court may rule against the terms of a “no common-law” agreement if enough evidence is provided that the relationship meets the definition of “marriage-like”.

If you want to maintain non-common-law status, you’ll need to prove that the characteristics of your relationship make it non-marriage-like (e.g., no physical intimacy, separate financial arrangements, etc.).

Married or common law in BC: Which is best?

The choice of living as a married or common-law couple in B.C. is a highly personal one. Often, there are spiritual as well as practical and financial considerations.

For some couples, the marriage vows are sacred and the commitment to each other during the marriage ceremony serves as a guiding principle of the marriage. Other couples prefer to avoid that and, instead, choose to live as a married couple but without a marriage certificate.

In making your decision, you should be aware of the legal and financial ramifications of both but there are no right and wrong answers — only personal decisions between you and your partner.

If you are seeking some extra clarity and protection, a prenuptial agreement or cohabitation agreement may help.

Whether you’re married or in a marriage-like relationship, help is at hand if your relationship is ending. Speak with a divorce lawyer at Spectrum Family Law in BC, and we’ll help you assess your options during an initial consultation.

Spectrum BC Map

Our main hub for British Columbia is located in the heart of Vancouver. That said, we serve the entire province of BC. We have the infrastructure to work with any of our clients virtually — even the furthest regions of British Columbia.

Call 778-452-0221 [toll free 1 (877) 402-1004] to get routed to the best representative to serve you or contact us online for general inquiries.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward. That’s the best way to schedule an appointment

Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.

Spectrum Family Law Seal
Madison Lussier - Spectrum Family Law

Madison Lussier

FAMILY LAWYER

Assisting clients through some of the most challenging times in their lives has shaped Madison’s empathetic, professional, and trauma-informed approach to advocacy. Although she now specializes exclusively in family law, her confidence in the courtroom is largely derived from her previous experience in criminal defence.

  • Learn More About Madison
End Block Form

Our expert intake staff are standing by.


We Can Help
Tell us a bit about your problem — we can fix it.

The Legal Review Process by Spectrum Family Law

  • Spectrum strives for high-quality, legally verified content.
  • Content is meticulously researched and reviewed by our legal writers/proofers (usually local law students).
  • Details are sourced from trusted legal sources like the Family Law Act.
  • Each article is edited for accuracy, clarity, and relevance.
  • If you find any incorrect information or discrepancies in legal facts, we kindly ask that you contact us with a correction to ensure accuracy.

Recent Posts

  • Alberta Court Approves Child Relocation Despite Father’s OppositionMay 6, 2025
  • Interim Spousal Support Can Be Ordered Despite Waiver Dispute: Stoney v EastonMay 6, 2025
  • Alberta Judicial Dispute Resolution: Streamlining Legal DisputesMarch 14, 2025

A methodology of alternative dispute resolution

You control the outcome that works best for you – rather than a judge who hears your case.

We are expert family law litigators, however we do so with an understanding of the emotional stress that litigation can sometimes have on our client and the existing family unit.

Our team will advise you on the benefits of alternative dispute resolution, including mediation and arbitration. These alternative methods empower the parties to negotiate an outcome that accounts for their respective interests in a non-adversarial setting – minimizing disruption to your family.

Cost-effective, timely relief. Get Help Here
The Canadian Bar Association
Law Society of Alberta
Law Society of British Columbia
Three Best Rated Award
Martindale-Hubbell Logo
Calgary Best Rated Badge
We can help you get your life back.
Join Team Spectrum!

We're looking for highly motivated associates to join our busy team.
Spectrum Family Law offers competitive compensation and a spirited corporate culture.

Click Here for more info
EDMONTON

Suite 205, 10216 124 Street, Edmonton, Alberta T5N 4A3
Local: (780) 756-0076
Toll-Free: 1 (855) 892-0646

CALGARY

Suite 700, 396 11 Ave SW, Calgary, Alberta T2R 0C5
Local: (403) 452-0043
Toll-Free: 1 (888) 410-1677

VANCOUVER

Suite 301, 134 Abbott Street Vancouver, BC V6B 2K4
Local: (778) 452-0221
Toll-Free: 1 (877) 402-1004

RED DEER

Suite 203, 4807 50 Avenue, Red Deer, Alberta T4N 4A5
Local: (587) 441-6424
Toll-Free: 1 (855) 348-2033

MORE

Contact Us
Payments
Privacy Policy
Terms of Use
Disclaimer



We are inclusive - © 2025 - Spectrum Family Law LLP Sitemap

Facebook Linkedin Instagram

Do you need assistance with a family law matter?

Our family-focused paralegals are standing by to guide you.

Get Help Here

Do you need assistance with a family law matter?

Our family-focused paralegals are standing by to guide you.

Get Help Here
  • Areas of Family Law
    • Divorce
      • Divorce Mediation
      • Collaborative Law
      • Uncontested Divorce
      • Joint Divorce
    • Child Custody
    • Child Support
    • Surrogacy & Fertility Law
    • Spousal Support
    • Maintenance Enforcement Program
    • Marital Property Division
    • Common Law Separation
    • Marriage Agreements
      • Cohabitation Agreements
      • Prenuptial Agreement
      • Separation Agreements
    • Real Estate for Families
    • Coaching & Self-Representation
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
    • About Us
    • Awards & Recognition
  • Knowledge Centre
    • Alberta Family Law
    • BC Family Law
    • Divorce Deep Dive
    • Child Support
    • Separation Info
    • Mediation Tips
    • Vancouver Articles
    • Calgary Articles
    • Edmonton Articles