Factors Indicating a Marriage-Like Relationship in British Columbia: “Are we considered spouses?”
It’s one of the most common questions in British Columbia family law.
In BC, a relationship does not need a wedding, registry, or even the label “common law” to attract legal rights and obligations. When a couple separates, courts may find that they were in a marriage-like relationship, triggering potential claims for property division, spousal support, and other rights under the Family Law Act.
Understanding the factors indicating a marriage-like relationship is essential for anyone living with or separating from an unmarried partner.
What Does “Marriage-Like Relationship” Mean in BC?
Under section 3 of the Family Law Act, unmarried couples may be considered spouses if they lived together in a marriage-like relationship for a continuous period of at least two years, or for a shorter period if they have a child together.
To determine whether two unmarried people are spouses, the BC courts will apply a contextual, fact-driven analysis in asking whether:
(a) the parties cohabited for a continuous period of at least two years, and
(b) whether the relationship, viewed as a whole, functioned like a marriage.
Key Factors Courts May Consider
Cohabitation
Parties can be said to have lived together, or cohabited, even if they lived in different locations for extended periods of time.
Marriage-Like Relationship
If the parties were said to have cohabited for a continuous period of two years, the Court will then determine whether the relationship was marriage-like, with reference to factors including: shared shelter, sexual and personal behaviour, services, social activities, economic support and children, and societal perception of the couple.
Shared Life and Living Arrangements (Shelter)
Living together in the same residence remains an important factor in determining whether a relationship was marriage-like, but it is not decisive. Courts look at whether the couple shared a home and living space, dined together, slept in the same bed, kept personal belongings together, and treated the residence as a joint household, even if work, family obligations, or travel meant they spent time apart.
Mutual Commitment and Daily Partnership (Personal Behaviour)
Marriage-like relationships are defined by conduct as well as intention. Courts consider whether partners supported each other emotionally, shared domestic responsibilities, planned their futures together, and demonstrated a mutual commitment to a shared life.
Services
The extent to which parties shared household tasks and chores is also relevant. This includes laundry, cooking, cleaning, shared meals, and other domestic contributions.
Social Activities
Another factor is whether the parties participated in social activities together and presented themselves publicly as a couple. This includes attending events, social gatherings, or even informal activities such as spending time together at home. Limited evidence of shared social life may weigh against finding a marriage-like relationship.
Economic Support and Children
Judges examine how finances were handled: whether the parties shared expenses, jointly owned property, held joint accounts, filed taxes as common law partners, or designated one another as beneficiaries. The more intertwined the finances, the more the relationship may resemble a marriage-like one.
It may also be relevant if one party develops a parental relationship with the other’s child, reflecting long-term commitment and integration into a family unit.
Societal Perception of the Couple
How the couple presents themselves publicly also matters. Referring to each other as spouses, attending events together, and being perceived by others as a committed couple can support a finding that the relationship was marriage-like.
Why This Matters When Relationships End
If a spousal relationship is found to have existed, there can be significant implications for the parties’ legal rights and obligations under the Family Law Act. A former partner may have claims for division of family property, including real estate, and for spousal support—even if the couple never married.
This is why early legal advice and, in many cases, a cohabitation agreement can be critical in protecting assets and clarifying rights and obligations in the event of separation.
A Case By Case Legal Determination
In determining whether the parties are spouses, there is no single checklist and no automatic outcome. Two relationships that look similar on paper may be treated very differently in court. Judges assess the entire relational context, guided by section 3 of the Family Law Act and precedents from the British Columbia Supreme Court and Court of Appeal.
For example, in Antoniuk v. Beveridge, 2024 BCSC 2034, we successfully acted for the Respondent in defending a claim that the parties were in a marriage-like relationship. The Court ultimately dismissed the claim in its entirety, finding that the evidence did not support the existence of a spousal relationship, and awarded costs in our client’s favour. This decision highlights how fact-specific these cases are and reinforces that not all close or long-term relationships will meet the legal threshold of “marriage-like.”
Final Takeaway
Marriage-like relationships reflect modern realities, and the law responds accordingly. Understanding how courts define these relationships can help individuals make informed decisions, avoid unexpected legal exposure, and protect their financial and personal interests.
If you are unsure how the law may view your relationship, speaking with experienced counsel can provide clarity before disputes arise.
Disclaimer: This content is provided solely for informational purposes and is not intended for use in any legal proceeding. You should consult a qualified lawyer for advice tailored to your specific circumstances.
