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Creating A Common Law Agreement In BC

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What is a Common-Law Agreement?

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 PATH approach—practical, action-oriented, trustworthy, and by humans helping humans—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.

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 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. 

Who is a Common-Law Agreement not for?

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-nuptual agreement. 

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