In British Columbia, many couples choose to live together without getting married. While these relationships can be deeply committed and long-lasting, they don’t automatically have the same legal protection as marriage. That’s where a Common Law Agreement becomes essential. This document clearly defines the rights and obligations of each partner, helping you protect your assets, finances, and emotional peace of mind.
At Freedom Family Law, our experienced lawyers understand the nuances of family law in BC and can help you prepare a strong, enforceable agreement that aligns with your goals and the Family Law Act.
What Is a Common Law Agreement?
A Common Law Agreement, also known as a cohabitation or relationship agreement, is a legal contract between two partners who live together but are not married. It outlines how property, assets, and debts will be managed during the relationship and how they will be divided if the couple separates.
In British Columbia, once a couple has lived together in a marriage-like relationship for at least two years—or has a child together—they are considered “spouses” under the Family Law Act. This means they may have similar property and support rights as married couples. However, without a formal agreement, these rights can be unclear and lead to disputes during separation.
A Common Law Agreement helps prevent confusion by documenting how you and your partner wish to handle financial and personal matters, giving you control over your future rather than leaving it to court interpretation.
Why You Need a Common Law Agreement in BC
Living together without marriage may feel simpler, but it comes with significant legal implications. Without an agreement, your partner could have claims on property or assets you thought were solely yours. A Common Law Agreement provides clarity in several key areas:
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Property Ownership: Define who owns what and how property acquired during the relationship will be shared or divided.
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Financial Contributions: Specify how each partner contributes to household expenses, investments, or debts.
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Spousal Support: Determine if either partner will pay support after separation and under what conditions.
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Estate Planning: Clarify inheritance intentions and prevent future disputes if one partner passes away.
By having everything in writing, couples can minimize misunderstandings and ensure fairness, regardless of how the relationship evolves.
Common Law Relationships Under the Family Law Act
The Family Law Act of BC recognizes common law couples as “spouses” after two years of cohabitation or if they share a child. This recognition affects property rights, support obligations, and legal responsibilities. However, unlike married couples, there’s often no clear distinction between jointly owned and individually owned property without an agreement.
A well-drafted Common Law Agreement ensures that each partner’s assets and debts remain separate unless specifically agreed upon. It also allows you to exclude certain property—such as pre-owned homes, inheritances, or business assets—from division.
Freedom Family Law specializes in drafting agreements that comply with the Family Law Act while fully reflecting your personal wishes.
How Common Law Agreements Differ from Marriage Agreements
Although both Common Law and Marriage Agreements serve to protect partners’ rights, there are key distinctions:
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Marital Status: A Marriage Agreement applies to legally married couples, while a Common Law Agreement applies to unmarried partners living together.
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Timing: Common Law Agreements are often created when a couple decides to move in together, while marriage agreements are typically drafted before or during marriage.
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Legal Interpretation: Courts view these agreements through slightly different lenses, especially regarding property division and support rights.
Understanding these differences helps couples choose the right agreement for their situation. Freedom Family Law offers personalized legal advice to ensure you select the document best suited to your relationship.
Key Elements of a Strong Common Law Agreement
An effective Common Law Agreement should be comprehensive and legally sound. It typically includes:
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Full Financial Disclosure: Both parties must be transparent about their income, debts, and assets.
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Property Division Clauses: Clear terms about what happens to property in case of separation.
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Spousal Support Terms: Whether either partner will pay support, how much, and for how long.
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Conflict Resolution Process: Guidelines for mediation or arbitration to avoid lengthy court disputes.
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Legal Advice Acknowledgment: Both parties must confirm they received independent legal counsel before signing.
At Freedom Family Law, we ensure every detail meets BC’s legal standards and protects your long-term interests.
Benefits of Having a Common Law Agreement
A Common Law Agreement provides security and peace of mind in several ways:
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Prevents Future Conflict: Eliminates uncertainty about financial and property matters.
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Protects Personal Assets: Ensures you retain ownership of property acquired before the relationship.
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Simplifies Separation: Reduces emotional and financial strain if the relationship ends.
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Promotes Transparency: Encourages honest discussions about money, property, and expectations.
Couples who invest time in crafting a solid agreement often find their relationship becomes stronger, as open communication leads to mutual trust and understanding.
How Freedom Family Law Can Help
Creating a Common Law Agreement is more than filling out a template—it requires expert knowledge of family law and personalized advice. Freedom Family Law provides compassionate, confidential, and professional legal services across British Columbia.
Our team will:
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Explain your rights and obligations under BC law.
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Draft a customized agreement that fits your unique circumstances.
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Ensure full legal compliance so your agreement is enforceable in court.
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Review and update existing agreements as your relationship evolves.
Whether you’re entering a new relationship or have been living together for years, our goal is to protect your future and give you legal peace of mind.
Conclusion: Protect Your Future with a Common Law Agreement
Relationships built on trust and understanding deserve legal clarity. A Common Law Agreement ensures both partners have their rights protected and financial expectations clearly defined. At Freedom Family Law, we help couples across BC create agreements that reflect fairness, respect, and long-term stability.
If you’re considering living with your partner or already in a common law relationship, contact Freedom Family Law today for expert guidance and a personalized consultation.