This article provides an introductory overview of what a “marriage-like relationship” is and how it is relevant in family law matters.

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The terms marriage-like relationship is often referred to as a “common-law relationship.” It generally describes a relationship in which two people live together in a committed, marriage-like partnership without being legally married.

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Under British Columbia’s Family Law Act, unmarried partners may be considered “spouses” if they have lived together in a marriage-like relationship for a continuous period of at least two years. Once this requirement is met, those individuals are entitled to the same rights and obligations as married spouses with respect to property division.

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Importantly, if the parties have a child together, the two-year cohabitation requirement does not apply to child and spousal support.

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Determining whether a relationship qualifies as “marriage-like” can be complex and depends on various factors, including but not limited to the nature of the parties’ living arrangements, financial interdependence, how the parties present their relationship in public, how the parties view their own relationship subjectively, how others view their relationship objectively, and the overall level of commitment in the relationship. Courts will assess the relationship as a whole, rather than relying on any single factor.

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If you are unsure whether your relationship may be considered “marriage-like,” or if you have been living with a partner close to or beyond the two-year mark, it is advisable to seek legal advice. Our Family Law Department would be pleased to arrange a consultation to discuss your specific circumstances and help you determine the appropriate steps to protect your interests.

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