A new legal definition of “spouse” came into effect Monday in British Columbia, meaning common law couples who have lived together for two years have the same rights and responsibilities as married couples. These agreements protect common-law partners in the event of separation. A cohabitation contract can also protect the life partner in case one of you dies. While many of us are more familiar with the term “common law,” in British Columbia it is not a legal term. The term used in British Columbia family law is “marriage-like relationship.” All debts incurred by a common-law partner prior to the relationship are also transferred exclusively to that partner. Perhaps a judge`s most beautiful and thought-provoking comment on common law relations is in the case of Connor Estate by the Honourable Justice Kent (one of my favourite judges). If you are a common law person, you must have lived together for at least some time to qualify as a spouse. British Columbia`s Family Law Act defines “spouses” in two ways. A spouse can be a married person or someone who has lived with their partner for a number of years. The latter refers to the common law definition. Obviously, there are many details when it comes to assessing whether you are legally under customary law.

That`s why it`s important to equip yourself with the right legal knowledge. For example, spousal support is not automatic and a party must be considered eligible based on other factors in the relationship. In New Brunswick, spousal assistance is available under the New Brunswick Family Services Act. In Alberta and Newfoundland, couples can also apply for spousal support under the common law. Although other provinces have some form of marriage-like designation for common law couples, the definitions and rights granted to these couples vary considerably. You may have reasons to sue in civil court for negligence. This is a common law remedy. Learn important tips on how to prove your relationship with the common law in this video, but be sure to read this blog carefully and include additional information: The CRA recommends that spouses who earn less income submit all the children you have together. This allows you to maximize deductions for child care expenses. First, let`s look at the minimum requirements to be considered common law in British Columbia: However, the difficulty in proving a common law relationship lies in the conjugal aspect of it. You must prove a marriage-like relationship for at least two years.

Let`s look at what marriage means. The distribution of assets also differs from province to province. Couples who have lived together in British Columbia for 2 years are entitled to a 50/50 division of debts and common assets, with no ownership or inheritance prior to the relationship. However, when it comes to the division of property in Quebec, since they do not recognize common law couples as such, each individual keeps what he or she owns. During a common law separation in British Columbia, one partner cannot legally prevent the other from entering the common home. But you don`t need to go through a formal process to break up. Since 2013, British Columbia`s Family Law Act has treated common law couples for the purpose of dividing property and debts in the same way as married couples when they separate. It is important that you know your rights and obligations if you are in a common law relationship or plan to be in a common law relationship. A partner in a common law relationship may also be entitled to spousal support.

Any other identification document indicating a common address can be considered as proof that you and your partner have customary law. This includes birth certificates that prove that you and your partner are raising your child together. The number of common law families in British Columbia is growing three times faster than the number of married couple families. And while other areas of law included provisions relating to common law relationships, the Family Law Act was woefully inadequate to meet the needs of families in British Columbia. The good thing about de facto marriage is that if you and your partner agree to break up amicably, you can simply leave your common home. This is because the common law does not require a formal divorce, just a separation. According to the 2011 census, nearly 1.4 million Quebecers live in what the federal agency calls “common law” relationships, and about 60% of the children were born to these unmarried couples. If you and your partner have a child together before the two-year mark, British Columbia also considers your common law relationship. As Kent J. says, relationships come in many different forms. If you believe you have been in a common law relationship and your spouse denies this, you will need to arrange at least one initial consultation with a common law lawyer to find out your chances of winning or losing.