Marriage and living together: rights, agreements, and separation

0. One table first: living together vs. marriage in B.C.

Many newcomers arrive assuming that with no marriage certificate there are no consequences. B.C. works the other way around. Live together in a marriage-like relationship (living as a couple would) for two years, and family law treats you as a “spouse”. When you separate, property is still divided and support can still be claimed.

Note that the three numbers are different: family law counts 2 years; tax counts 12 months; sponsorship counts 12 months. Each law keeps its own definition, and one does not carry over to another. None of these clocks is limited to time spent in Canada. What counts is whether the two of you lived together continuously as a couple. Months spent living together in your home country or a third country count too. IRCC accepts cohabitation abroad in writing, but you must be able to prove it.

1. Who counts as a “spouse” under B.C. family law

Section 3 of B.C.’s Family Law Act sets out three routes to being a “spouse”:

• A person who is married;
• A person who has lived with another in a marriage-like relationship (living as a couple would) continuously for at least 2 years;
• A person who has been together under 2 years but has a child with the other person. This route counts for support only. It does not let you divide property or pensions. The Act expressly excludes those two Parts.

“Marriage-like” means more than sharing an address. A court weighs the whole picture: how you lived, how you handled money, and whether you presented yourselves as a couple. If you are not sure, ask a lawyer.

2. Do prenups work here? Yes — but two doors can undo them

Yes. B.C.’s Family Law Act expressly lets spouses agree between themselves how to divide property and debt. The split can be equal or unequal. Couples about to marry, or about to move in together, can sign one too, and a cohabitation agreement works the same way. A properly made agreement is generally respected by the courts.

But a court can set an agreement aside on two grounds. These are the “two doors” in the heading:

1. Door one: the signing process was unfair. For example, one party failed to disclose significant property or debts, took advantage of the other person being in a weak position, applied pressure, or the other person simply did not understand what they were signing;
2. Door two: the result is significantly unfair. Even if the signing process was clean, a court may still step in when the outcome is significantly unfair. It weighs how much time has passed since signing, what the parties expected at the time, and how circumstances have changed.

Four habits that make an agreement hold

• Full disclosure: list all assets and debts, and attach the list to the agreement;
• Independent legal advice: one lawyer each, never the same lawyer for both;
• Sign early: not in the week before the wedding. Time pressure alone gives the other side something to attack later;
• Put it in writing, sign it, and have it witnessed. Never rely on an oral promise.

3. How property is actually divided on separation

If you have no agreement, B.C. falls back on the family-property rules. Three sentences cover them:

• Family property splits equally. That means whatever either spouse owned on the date of separation: the home, cars, savings, investments, business interests. The starting point is half and half. Whose name is on the title does not matter. Family debt is split the same way. Watch the valuation date: the value used is the value at the date of the agreement or the hearing, not the date you separated.
• Excluded property stays yours, but its growth is shared. What counts as excluded property? Two things: what you owned before the relationship, and inheritances or gifts from other people received during it. Gifts between the two of you do not count. The property itself stays yours. But the amount it grew in value during the relationship is family property, and that part is divided. An example: you bring in a $600k condo and separate when it is worth $900k. The $600k is yours; the $300k of growth is split.
• If you claim an exclusion, you have to prove it. Keep the documents that show what the property was worth at the start: bank statements, completion documents, appraisals. Filing those away when you arrive is the cheapest self-protection there is.

Negotiate first. If that fails, mediate. Court comes last, and most families never get past the first two steps. One more thing: time limits apply to property claims after separation. Unmarried spouses have 2 years from the date of separation; married spouses have 2 years from the divorce order (Family Law Act, s. 198). Do not let it drift, and get advice early.

4. The paperwork of marrying and divorcing is simpler than you think

Marrying

• Buy a marriage licence first: $100, non-refundable. Issuers across the province sell them, often pharmacies. The licence is good for 3 months from the day you buy it; the official wording is “buy it within 3 months before your wedding date”. There is no waiting period, so you can marry the same day. Details are on the official page;
• A registered officiant performs the ceremony. That can be a religious officiant or a civil commissioner. The province then registers the marriage;
• Changing your name is entirely optional. Keeping your own name costs you no rights.

Divorcing

• Divorce is federal, under the Divorce Act. Almost every case uses one ground: one year of living separate and apart. You do not need the other side to agree, and you do not have to prove anyone was at fault. There is one more condition: when you file, at least one spouse must have been habitually resident in B.C. (that is, normally living there) for a year. Newly arrived families should take note;
• Being “separated” can even happen under one roof, meaning you still share a home but live separate lives. Proving that has its subtleties, so ask a lawyer;
• A marriage registered in your home country is generally recognized in Canada, as long as it was valid where it took place. Whether Canada recognizes a divorce granted abroad (for example, in China) is a specialist question. Get legal advice before you file anything with immigration, or remarry.

5. Tax and benefits: marital status is not a choice

• The rule at the CRA (Canada Revenue Agency), and it is a federal rule that applies across Canada: live with a partner as a couple for 12 continuous months and you are “common-law” automatically. If you live together and have a child together, it counts right away, with no 12-month wait. That is true whether or not you have a certificate, and whether or not you like the label. If you split up because the relationship broke down but were apart for less than 90 days, the clock does not restart;
• Tell the CRA promptly when your status changes, not at tax time. Status changes include marrying, reaching 12 months of living together, and being separated for 90 days;
• Why does it matter? The Canada Child Benefit, the GST/HST credit (now called the CGEB) and other credits are all calculated on combined family income. If you report “single” and collect more benefits than you should, you have to pay them back with interest, and there may be penalties as well;
• Filing as a couple also has advantages, such as spousal transfers, so reporting honestly is not necessarily a loss. Try our quiz to see where you stand.

6. The immigration angle: sponsoring a spouse or partner

• A citizen or PR (permanent resident) may sponsor three kinds of partner: a spouse, meaning someone they are married to; a common-law partner, meaning 12 continuous months of living together; or, in narrow cases, a conjugal partner;
• IRCC (Immigration, Refugees and Citizenship Canada) examines whether the relationship is genuine. It may ask for shared financial records, evidence that you lived together, and your correspondence. A marriage of convenience is a criminal-grade red line;
• Marriage by itself does not give anyone status. Sponsorship is a full application process. The sponsor also signs a 3-year undertaking, counted from the day the sponsored person becomes a PR. The 3 years are the same across Canada; Quebec residents sign a second undertaking with Quebec, also for 3 years. If the sponsored person draws social assistance during that period, the sponsor has to repay it;
• For your own case, use a licensed RCIC consultant or an immigration lawyer. This site points the way only and does not assess individual cases. Licence-check links are in section 7.

7. Myths, corrected — and where to get help

Where to get help (free or low-cost)

• Family Justice Centres: the province’s free family-justice offices. They give advice and refer you to mediation, with locations across B.C.;
• Legal Aid BC: free family-law help if your income qualifies. The site also carries excellent plain-language guides;
• Lawyer Referral Service (run by Access Pro Bono): a low-cost first consultation, and they match you with a lawyer in the right field;
• VictimLinkBC: 1-800-563-0808, a family-violence and victim support line, 24 hours, multilingual.

Legislation & official guides

Marrying, tax & immigration

Where to get help