Legal Question in Family Law in Canada
I have been seperated for 3 years, but never divorced, I have been living with a man for 2 years, can I be considered common law, even though i have never been divorced
1 Answer from Attorneys
There is no such thing as "common law" marriage in British Columbia. A "common law" marriage is just that - a marriage according to common or customary law, as opposed to ecclesiastical (or church) law or the law made by a legislature. In British Columbia obligations to support a child arise immediately on the birth of the child if you are the biological parent, and if you are not then the obligation to support the child arise if you have contributed to the support of the child for at least a year. The obligation to support a person with whom you have cohabited as if you were married arises after two years. These obligaions exist whether or not you are married to someone else. The law as to division of assets is much more complex and beyond the scope of a site such as LawGuru.