Common Law Lawyers in Vancouver
The common law lawyers at YLaw know that there is much confusion around the concept and consequences of becoming common law in British Columbia. We focus our practice on helping numerous common law couples who are intending to live together or separate. Whether you are looking to create a fair common-law cohabitation with your new partner or want to understand your rights when separating from them, our common-law lawyers in Vancouver are here to help.
With the introduction of the Family Law Act, BC, common law couples began to enjoy essentially the same rights and obligations as married couples. But in some areas, they need to follow different legal tests to have a successful case.
To help you understand your financial entitlements during a separation, we also offer a Property and Debt Division Calculator to assist with planning and decision-making.
Learn about How to Prove a Common Law Relationship
What is the Difference Between Married and Common Law in BC?
To start, a married couple generally attend a marriage ceremony or obtain a marriage registration. A common law couple does not. Married couples do not have to live together in a relationship for at least 2 years to have rights under the Family Law Act, BC and the Divorce Act. Common Law couples need to reside together in a marriage like relationship for at least two years (or have a child together if less than 2 years) and the Divorce Act does not apply to them. There is much more to know.
Learn about Common Law vs. Married here.
What are Common Law Rights Under the Family Law Act?
If you are considered to be common law under the Family Law Act, you will have numerous rights and obligations. Some of those include:
You may have many more rights and obligations than you think. Our common law lawyers have in-depth experience with almost every common law situation. Contact us to find out more.
Common Law Spouses
Believe it or not, you do not have to live under the same roof to be considered common law. Nor do you have to live with someone for 2 years to be considered common law (in case you have a child with your partner). What is considered common law is a fascinating subject and our common law lawyers know all about it. Learn more.
Learn about how to prove you are NOT in a common law relationship
Common Law Separation
The biggest issue some common law couples face at separation, is one denying that they were ever common law and the other insisting that they were. If you are not common law, you will have no rights under the Family Law Act. If you are common law, you will have many rights. Proving whether you and your ex-spouse were common law is a complicated area of law. Our common law lawyers in Vancouver are here to help you understand how to separate from your common law partner.
Learn about Common Law Separations here.
Common Law Cohabitation
The best thing you can do if you are becoming common law, is to confirm that you are common law! This will get rid of the need to prove your relationship if your relationship ends. Secondly, a cohabitation agreement can lay out all your rights and obligations during your relationship, and after. It is by far the smartest thing you can do to protect yourself and reduce legal and other fees in engaging in conflict after separation which is the last thing you need.
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