Legal Guide
Legal Support During the Breakdown of a Common-Law Relationship
When your common-law relationship ends, you might feel confused about your legal rights. Unlike married couples who go through divorce, common-law partners often don't know what they're entitled to under the law. If you're facing this situation, you're not alone—and you do have important legal rights that deserve protection.
In Canada, common-law relationships carry significant legal weight. These partnerships—defined as two people living together in a marriage-like relationship — are recognized under the Family Law Act, which is the legislation in British Columbia that governs the breakdown of a relationship..
Your relationship encompasses far more than shared rent. It includes the home you built together, tangled finances, social connections as a couple, and often children who see you both as family. When it ends, dissolution doesn't require divorce papers, but legal issues around parenting, property, and support can be complex.
A family lawyer can help gather evidence and navigate separation agreements, spousal support, and custody arrangements while protecting what matters to you.
Legal Consultation About Common-Law Partner Rights
The recognition of common-law relationships varies across provinces, but the heart remains the same—if you've built a life together, the law recognizes that partnership. Most provinces have a minimum cohabitation requirement.
In British Columbia, common law relationships are covered by the Family Law Act regarding property and spousal support after two years of continuous cohabitation. The sections in the Family Law Act regarding parenting and child support are different.
Once your relationship qualifies as common-law, you gain rights that mirror many protections married couples enjoy. For immigration, your partner can sponsor you for permanent residency when federal criteria are met. You'll need evidence—joint property ownership, shared childcare, insurance policies naming each other, and letters from family and friends.
For taxes, the Income Tax Act treats common-law partners as spouses. You'll declare your relationship status, affecting tax benefits and government payments. Your partnership opens doors to pension benefits, government assistance, and health insurance coverage.
Property rights and spousal support follow specific cohabitation periods, with some provinces extending common-law partners protections similar to married couples. These rights depend on your specific situation and province—why getting legal advice is essential.
Book Legal Services for Common-Law Relationship Matters
British Columbia's approach to common-law partnerships requires understanding specific rules that apply here. Provincial differences matter—the legal strategy that protects you depends on where you live and what you've built together.
Our legal support includes drafting cohabitation agreements that prevent disputes, determining rights to shared property including business assets and real estate, handling spousal support calculations and tax implications, resolving child custody disputes with your children's wellbeing as priority, and evaluating inheritance claims.
Common-law relationships carry real legal weight in Canada. Professional legal support matters both while you're together and if separation becomes necessary. Fire Bird Law's family lawyers understand what you're going through and provide expert guidance to protect your rights. If you're facing this transition, you don't have to figure it out alone—we're here to help.
