Common Law SeparationWe are here to help you get through your separation

A spouse is a married couple or an unmarried couple who have been living together for a period of at least 2 years.

No. A separation agreement is generally a good idea, but it is not required. All separation agreements are meant to do is confirm in writing the agreement between the partners about possible claims under the Family Law Act. See Spousal Support, Child Support, Division of Property, and Parenting Arrangements.

It is like the breakdown of any romantic relationship, except spouses have acquired rights under the Family Law Act. That doesn’t mean either party must make a claim, only that they can. Common law spouses only have 2 years after separation to claim division of property and spousal support.

Separation doesn’t always mean moving out, but the relationship has to end. Typically, it requires one of the spouses to make it clear the relationship is over through words or actions. There are cases where parties have separated and continued living together in the same home for decades.

Parents have a right to parenting time, parenting responsibilities, and child support whether or not they were married. The only consideration of the court is, what is in the child’s best interest?

The main difference between common law separation and divorce in BC is the amount of time the parties have to apply for spousal or division of property: common law spouses must apply within 2 years from separation; married spouses must apply within 2 years from the date of the divorce.

It is an agreement where the parties settle all legal matters that arise from the breakdown of their relationship.