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Creating A Common-Law Agreement In BC

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What is a Common-Law Agreement?

Did You Know BC Cohabitation Agreement ‘Pre‑Nup’ Explainer Graphic with Sunglasses Dog and Pathway Legal Branding

A common-law agreement, is also known as a cohabitation agreement in BC.

When two people choose to build a life together outside of traditional marriage, that is the marriage part where there is a ceremony and everything is formally made legal, your clarity and protection are essential.

At Pathway Legal, our Common Law Agreements service is designed for couples seeking practical, action-oriented solutions that define their financial, property, and personal commitments—before challenges arise. 

With the P.A.T.H. approach—P.ractical, A.ction-oriented, T.rustworthy, and H.eart-centred—we help you craft agreements that respect your values, reduce future stress, and set the foundation for confidence and peace of mind in your partnership.

Who is a Common-Law Agreement for?

A lot of folks don’t know this, if you live with someone in a marriage-like relationship for two years or more, the BC Family Law Act will apply to your relationship if it breaks down and you separate. This means that you can end up sharing the assets that grew in value during the course of your relationship.

If bringing up a common law agreement sends your partner into a tailspin or ends the relationship, you should probably count yourself lucky. You’ve just discovered something vital about your compatibility when it comes to trust, transparency, and shared values — and you learned it before getting tangled in the far messier fallout of a bad breakup.

Life rewards those who have the courage to ask the tough questions early. Having a partner who can communicate openly, plan responsibly, and respect boundaries is one of life’s greatest assets. And if they can’t? Well, that’s probably not much of a loss — that could well be a blessing in disguise.

“A person's success in life can usually be measured by the number of uncomfortable conversations he or she is willing to have.” – Tim Ferriss

Here are some cases where folks have obtained a common law agreement (aka a cohabitation agreement or marriage agreement if you are planning to get married) that will make things clear for your cohabitation and in the event that you separate in the future:

  • You are about to move in together and you want to stay madly in love, and at the same time be calmly clear about money, property, and “what ifs” before the boxes even arrive.
  • You already live together and have suddenly realized, “We own things, we share bills… maybe we should actually write this down.”
  • One or both of you are bringing a house, a condo, or other big assets into your relationship and you want to protect what you built without damaging the romance in your relationship.
  • You and your partner are buying a home together, but you want to be crystal‑clear on who owns what, who pays what, and what happens if life takes you in different directions.
  • You have blended your families, one or both of you have children from previous relationships and you want to make sure everyone is treated fairly if your relationship changes.
  • If you are an entrepreneur or business owner and you want to protect your company, your investors, and your team in the event that there is a falling out with your live-in partner.
  • If you have already gone through a rough breakup and you never ever never want to repeat the confusion, cost, and drama that came with not having an agreement the first time.
  • You and your partner have very different incomes, savings, or debts and you want to keep money conversations honest, kind, and future‑focused instead of tense and vague.
  • You don’t plan to marry but know that BC law will still treat them like spouses. You and your partner want to have a say in the rules that apply to your future as opposed to having the BC Family Law Act do so.
  • You are the proactive type: You insure your car, you insure your home, and now you want to “insure” your relationship with a clear, fair plan.

So, if you are considering a common law agreement to avoid problems and having a crystal clear future, well done.

What Is Common-Law Marriage in BC? 

Navigating relationships is always an adventure, but in British Columbia, moving in with a partner and sharing a "marriage-like" relationship brings legal obligations—even if marriage is not on your mind and financial independence is your priority. Many people are surprised to learn that simply living together in a spousal-like way creates rights and responsibilities under the law, regardless of your personal intentions. That is why understanding your status as a common law spouse and being clear with your partner in a clearly written agreement is your chance to take proactive, human-centred steps before obligations arise. It is your insurance policy to ensure you’re prepared for what’s ahead.

Common-Law Marriage: The BC Reality

Forget the myths—common law marriage in BC doesn’t mean an unofficial wedding or a handshake deal. If you’ve lived together in a “marriage-like relationship” for at least two years, the law treats you, for most family law purposes, as spouses under the Family Law Act of BC. This means all the rights and responsibilities of married couples kick in: property division, support, and even the financial surprises you didn’t see coming. 

If you’re thinking "what is common law marriage?", it’s about partnership and mutual commitment required under BC law, whether you intended it to or not. It is not about requiring a marriage ceremony..

If you have kids, the time is reduced to one-year for child support purposes. 

Action-Oriented Guidance: Rights and Requirements

You don’t need a fancy and formal marriage certificate to gain legal power in your partnership, but you do need to know your obligations. 

Here’s what the law is like in practical terms: 

  • Property division: Everything you’ve built together—home, savings, even debts—is split equally if you separate, as long as you meet the two-year mark.
  • Requirements: To be recognized as common law, you must live together in a conjugal, “marriage-like” relationship for at least two years. There’s no registration, no paperwork, and no stating of “I do.” This is even if you don’t share bank accounts, property, or other financial commitments.
  • Legal standing: Yes, common law marriage is legal in BC. The Family Law Act guarantees common law spouses the same rights as married ones in almost all areas—except for a formal divorce process, which doesn’t exist in common law. Separation is as simple as saying “I’m done,” but the consequences can be complicated if you don’t act wisely

What if Your Partner Gets Angry and Resistant to a Common-Law Agreement? 

If you propose an agreement that simply protects your property and your partner’s response is anger, resistance, or guilt-tripping, take it as a sign. What will this person be like if 10 years down the road you separate? You know the answer. Having this kind of conversation may help you dodge a bullet and significant expense in the long run. 

If you’re entering a relationship—or already sharing a home—with someone you care about, clarity and courage are your best allies. Protecting your financial independence isn’t selfish—it’s smart, and it’s practical. A cohabitation agreement that outlines what’s yours, what’s shared, and what stays separate helps preserve trust in your relationship instead of testing it. If your partner says otherwise, we suggest you take a pause, a big pause.

We help BC couples put plans in place that reflect both love and logic—agreements built for real life, not romantic fantasy (although we have nothing against romance either!).. With Pathway Legal, you’re not just protecting assets; you’re building a relationship on trust, candour, and practicality. 

Who is a Common-Law Agreement not for?

  • A common-law agreement is for couples who do not wish to intermingle their finances. They are financially independent from their partner and want to keep it that way. They are in their relationship because they care for and love their partner. In a lot of circumstances, parties have already been married. They might even have grown children. They want to ensure that they maintain their assets to pass on to their kids. 
  • A common-law agreement is not for those folks who are building a financial life together on all terms. Let’s say your plan is to have children and one of you is going to step out of the work force for a period of time. 
  • It is also not for people who are already married to their partners. If that your case and you still wish to clarify your rights and obligations in the event of separation, you would want a marriage agreement also known as a post-nuptial agreement. 

To consult with a Pathway Legal lawyer about your common-law agreement, please reach out to us. We are happy to help.