If you and your husband were married in the past and are now separating, the Divorce Act and the BC Family Law Act can apply to your case. These Acts are quite similar but one may be more advantageous to your care than the other, depending on your specific marital story.
If you and your partner never married but lived in a common law or ‘marriage like relationship’, only then would the BC Family Law Act applies to your case.
What is Considered a Marriage Like Relationship Under the BC Family Law Act?
The BC Family Law Act which came in to force in March of 2013 extends the definition of spouses and ‘marriage-like relationships’ such as common law.
You are considered a common law spouse under the Family Law Act if you:
- lived together in a marriage like relationship for more than 2 years, or
- lived together for less than 2 years but have a child or children together, and
- Are of the same sex or opposite sex.
To be declared as ‘common law’ you must be a ‘spouse’ under the Family Law Act. This means you must have lived as a married couple in the relationship. If you have known or dated your partner for 10 years but were not in a ‘marriage-like relationship’ with him/her, you may not be a common law or a spouse.
A marriage like relationship is proven if you and your spouse can prove some or all of the following factors:
- have a child together;
- purchased a home or other property together;
- pooled of finances for family and other expenses;
- provided financial assistance to one another throughout the relationship;
- joined efforts to preserve the relationship by attending counselling;
- attended social gatherings as ‘partners’ or ‘couples’.
- bought gifts for one another, and of course,
- where physically intimate, etc.
All of these factors are taken into consideration to determine whether you and your ex-partner were or were not ‘common law’ or living in a ‘marriage-like relationship’.
What You Need to Know if You are Common Law
If you are found to be a ‘spouse’ under the BC Family Law Act, you will have essentially the same obligations towards your ex-partner as a married partner does. These could include:
It is very important that you immediately consult with a family lawyer to protect your rights and take the right steps upon a relationship breakdown or better yet, enter into a cohabitation agreement with your spouse before deciding to move in together.
If you need help in determining your relationship status and how the Divorce Act or BC Family Act can apply to your case, contact our award-winning family lawyers in Vancouver for expertise legal assistance today.