VANCOUVER, BC—(Marketwired – December 29, 2016) – As a team of Vancouver lawyers that practices in family law and estate law, the team at Kushner Law are often inundated with questions from people who are confused about their legal rights. One of the most common areas of confusion is what constitutes a common–law relationship. For more, go to: http://kushnerlaw.ca/what–is–a–common–law–relationship–in–bc/
The most common belief seems to be that co–habiting for six months constitutes a common law relationship. However, according to the BC Family Law Act (FLA), two people need to be residing in a marriage–like relationship for a continuous period of at–least two years to be considered common–law spouses.
According to the legislation that governs the dissolution of common–law relationships, the FLA defines spouses as follows:
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage–like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
(2) A spouse includes a former spouse.
(3) A relationship between spouses begins on the earlier of the following:
(a) the date on which they began to live together in a marriage–like relationship;
(b) the date of their marriage.
(4) For the purposes of this Act,
(a) spouses may be separated despite continuing to live in the same residence, and
(b) the court may consider, as evidence of separation,
(i) communication, by one spouse to the other spouse, of an intention to separate permanently, and
(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.
For questions relating to the dissolution of a common–law marriage, it's best to contact a lawyer who can provide relevant advice about your case and suggest the best course of legal action. To schedule a consultation with the Kushner Law Group call 604–629–0432.
About the Company
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604–629–0432.