When it comes to family law in British Columbia, the distinction between being in a common-law relationship, commonly referred to as a marriage-like relationship, and simply cohabitating can have significant implications. Marriage-like relationships can trigger legal rights and responsibilities similar to those of married couples. To help you navigate these waters and maintain your independence, here are some helpful tips on what is considered to be a marriage-like relationship in British Columbia.
Understanding Marriage-Like Status
In British Columbia, common-law relationships are often referred to as "marriage-like relationships." They are defined by the Family Law Act as relationships where two people have lived together in a marriage-like relationship for at least two years.
It is important to note that you do not necessarily have to cohabit to be considered to be in a marriage-like relationship. Couples who have joint bank accounts, purchase gifts for each other, or portray themselves as a married couple in public can also be seen to be in a marriage-like relationship by the court.
Why Avoiding Marriage-Like Status Matters
There are several reasons why couples would want to avoid being seen as marriage-like:
- Preserving Financial Independence: Parties can maintain control over their respective finances and assets. Marriage-like status may entail sharing your financial resources with your partner, similar to how property and assets are divided in a legal divorce.
- Reducing Legal Complexities: Parties are able to avoid the legal complications that arise when a common-law relationship ends, such as property division and spousal support disputes. It is important to note that there may still be circumstances in which parties may be able to claim spousal support despite not being legally married, i.e., if there is a child born out of the relationship.
- Retaining Personal Autonomy: You can continue making important life decisions without requiring your partner's consent or involvement, which can be crucial for many individuals.
Strategies to Avoid Marriage-Like Status
Here are some strategies, both legal and practical, that can help you maintain your single status, even if you are in a serious relationship:
- Live Separately: Cohabitation is one of the key elements considered by the courts when determining whether a common-law relationship exists, so it is preferable to maintain separate residences. However, it is important to note that, depending on the facts of the case, a court can still determine that the parties are in a marriage-like relationship even though they have been living separately.
- Keep Finances Separate: Maintain distinct bank accounts, avoid joint ownership of property, and clearly delineate your financial assets and responsibilities.
- Document Your Intent: Consider creating a cohabitation agreement or a legally binding document outlining your intentions and expectations regarding your relationship. Such documents can help clarify your status and protect your interests.
- Maintain Privacy: Be cautious about how you present your relationship in public and on social media. Avoid appearing as a couple or presenting yourself as a married couple, as this can influence how others perceive your relationship.
- Stay informed: laws and regulations change, and interpretations may vary. Stay informed about the legal definitions and requirements for common law relationships in British Columbia to ensure you are up to date with any changes.
- Seek Legal Advice: As this particular area of the law is complex and as the court considers many different factors when determining marriage-like relationships, we urge you to consult with a family lawyer in British Columbia who specializes in family law. They can provide tailored guidance, answer your questions, and help you navigate the legal landscape effectively.
In conclusion, understanding and avoiding marriage-like status in British Columbia can be crucial for safeguarding your financial independence and personal autonomy. If you are unclear on whether you may be considered to be in a common-law relationship or if you have been residing with a partner for a period of 2 years or more, please reach out to our lawyers in the Family Law Group, and we will be happy to arrange a consultation to discuss your particular matter and the appropriate next steps that you should be taking to ensure that your interests are protected.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.