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Booth Legal helps unmarried couples in Vancouver and the Lower Mainland understand their legal rights — before and after separation.
Book a Confidential Consultation with Alexandra Booth →| Factor | Married Spouses | Common-Law Spouses (2+ Years) |
|---|---|---|
| Property Division | Automatic equal division — BC Family Law Act | Equal division applies since 2013 — analysis can be more complex |
| Spousal Support | Yes — clear statutory entitlement | Yes — same factors apply after meeting spouse definition |
| Family Home Possession | Both have statutory right regardless of title | Tied more closely to legal ownership |
| Parenting Rights | Same as common-law | Same as married |
| Spouse Definition | Upon legal marriage | After 2 years together (or sooner with a child) |
| Agreements Available | Marriage agreement | Cohabitation agreement |
| Freedom to Remarry | No — divorce required first | Yes — no marriage to dissolve |
Under the BC Family Law Act, you are considered a spouse if you are legally married, or have lived with another person in a marriage-like relationship for at least two continuous years, or have lived together for less than two years but have had a child together.
Once you meet the definition, many — but not all — of the same family law rules apply regardless of whether you are legally married.
"The 2-year mark is the most critical deadline for common-law couples in BC. Missing it can significantly impact your property claims."
Married spouses have an automatic right to an equal division of family property and family debt on separation — covering the family home, bank accounts, RRSPs, pensions, and other assets acquired during the relationship.
Common-law spouses, since March 2013, are also subject to the BC Family Law Act's property division rules after two years together. However, for relationships that pre-date the Act or where complex pre-relationship assets are involved, additional legal analysis rooted in trust law principles may be required.
Booth Legal's Common-Law Lawyer Vancouver service page covers rights, property claims, and separation options for unmarried BC couples in detail.
Both married and qualifying common-law spouses can claim spousal support on separation in BC. Entitlement, amount, and duration are determined by similar factors — length of relationship, roles during the relationship, and economic disparity on separation.
If you have questions about support entitlement, Booth Legal's Spousal Support Lawyer Vancouver page explains how support is calculated and what factors matter most.
For married couples, both spouses have an equal statutory right to possess the family home on separation — even if only one spouse is on title.
For common-law couples, possession is more closely tied to legal ownership. If only one partner is on title, the other's claim requires demonstrating a constructive or resulting trust — a more complex legal argument that benefits significantly from professional legal advice.
Yes. Both married and common-law couples can use agreements to modify or opt out of default rules. The Cohabitation Agreement BC Guide at Booth Legal explains what these agreements cover and why they matter for unmarried couples. Marriage agreements and cohabitation agreements must be properly drafted and executed to be enforceable.
Planning ahead protects both partners. A cohabitation agreement drafted by Booth Legal gives unmarried couples in Vancouver clear, enforceable terms — avoiding uncertainty later.
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Booth Legal provides clear, practical advice on common-law rights, property claims, and separation agreements for BC couples.
Speak with Alexandra Booth — Book Your Consultation →
Alexandra Booth helps BC common-law couples understand their rights — whether you are planning ahead or navigating a separation.
Book Your Consultation →