It’s a familiar story in British Columbia: you meet a partner, you fall in love, move in together, and build a life. You might not have wedding bells in your future plans, perhaps seeing yourselves as “just living together.” But in the eyes of BC law, your relationship might have significant legal weight, especially if things unfortunately don’t work out.

You might be surprised to learn that you are in what’s called a “common-law” relationship. You might be more surprised to learn of the financial implications that might come if you break up. Let’s clear up what it means in BC and why a cohabitation agreement is an invaluable tool for any couple living together.

What Exactly IS a “Common-Law” Relationship in BC?

First, it’s important to know that BC’s Family Law Act (FLA) doesn’t actually use the term “common-law.” Instead, it refers to unmarried individuals as “spouses” if they meet certain criteria.

You are considered spouses if you are:

• Living together in a marriage-like relationship for a continuous period of at least two years. 
• Living together and have a kid. However, this doesn’t apply to property division.

Let’s break that down:

• “Marriage-Like Relationship”: This is the key, and it’s more than just being roommates. Courts look at a variety of factors to determine if a relationship is “marriage-like.” No single factor is determinative; it’s about the overall picture. These factors can include:
  • Shelter: Did you live under the same roof?
  • Sexual and Personal Behavior: Was there intimacy, exclusivity, and mutual support? Did you spend leisure time together?
  • Services: Did you perform domestic tasks for each other, like cooking, cleaning, or caring for one another when sick?
  • Social: How did you present yourselves to others? As a couple? Did you attend social events together?
  • Economic Support: Did you share finances, bank accounts, or expenses? Was one person financially dependent on the other? Did you make joint purchases?
  • Children: Did you have or raise children together?
  • Societal Perception: How did the community, friends, and family view your relationship?
• “Continuous Period of at Least Two Years”: The relationship must have been marriage-like for this entire duration. Short breaks might not necessarily break continuity, but significant, clear separations could.

The “Oops, We’re Spouses!” Moment: What It Means

If you meet this definition, you have largely the same rights and responsibilities as married spouses when it comes to:

• Property Division: If you and your spouse separate, you’ll typically divide the family property equally. This includes anything either of you acquired during the relationship, except for certain excluded items like inheritances. The same 50/50 split applies to family debt.
• Spousal Support: If one spouse needs financial support and the other can afford to pay, the spouse in need can claim spousal support.

This often surprises couples who assumed their finances would stay separate simply because they never legally married.

Living Together? Meet the Cohabitation Agreement

A Cohabitation Agreement can make a big difference. By creating this legal contract before or during your time living together, you and your partner take control, setting your own rules for how assets, debts, and even spousal support will be handled if you separate.

Benefits of a Cohabitation Agreement:

1. Clarity and Predictability: It removes ambiguity. You both know where you stand financially if the relationship ends, reducing stress and potential conflict down the road.
2. Protection of Assets: You can clearly define which property counts as “excluded”, like assets you brought into the relationship or gifts and inheritances received by one partner. Then, you can actively protect it from being divided.
3. Defining Family Property: You can agree on a different way to divide property acquired during the relationship than the FLA’s default 50/50 split if that suits your specific circumstances.
4. Debt Responsibility: Decide exactly who pays which debts incurred before or during your relationship to avoid confusion and protect your finances.
5. Spousal Support Planning: Set clear terms for spousal support. Decide whether or not support will be paid, how much, and for how long, or choose to waive it. Keep in mind courts can overturn unfair waivers at separation.
6. Avoids Costly Legal Battles: A well-drafted agreement can save you immense legal fees and emotional turmoil that often accompany contested separations. It’s an investment in peace of mind.
7. Promotes Open Communication: The process of creating an agreement encourages you to have important, sometimes difficult, conversations about finances, expectations, and your future together.
8. Tailored to Your Needs: Unlike the one-size-fits-all rules under the FLA, you customize an agreement to fit your unique relationship and financial situation.

Important Note on Children: While you can outline intentions, a cohabitation agreement cannot definitively pre-determine child custody (parenting arrangements), parenting time, or child support. Courts always decide these matters based on the child’s best interests at the time of separation, and federal guidelines govern child support.

Don’t Wait Until it’s Complicated

Whether you’ve just moved in together or have been cohabiting for years, understanding your legal status in BC is crucial. A cohabitation agreement isn’t about planning to fail; it’s about responsible planning for the “what ifs.” It provides security and allows both partners to enter or continue the relationship with transparency and mutual understanding.

Consider it a foundational document for your shared life, much like discussing finances or future goals. Consulting with a family lawyer in BC can help you understand your rights and guide you through creating an agreement that protects both of you.

📅 Book your consultation or check out our Cohabitation Agreement pricing to learn more.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Family law is complex and individual situations vary. You should consult with a qualified family lawyer in British Columbia to discuss your specific circumstances.