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  • so many questions

    hi all,

    I've been lurking for some time, and signed up today. I am currently in a commonlaw relationship of nearly 2 years. He's a wonderful man, but the problem is his family. They don't like/distrust me, and they made me sign a co-hab agreement. Before then, I hadn't even thought of any of that stuff(division of assets, etc). Now, it's all I can think of.
    Ignoring the agreement, what are my rights as commonlaw wife? Including currently, and if we were to break up. the home we live in is actually owned by his family's company, which he has shares in.

    I'm just beginning to realize I don't really know what I signed away with this agreement, and just want to better understand my situation. oh, we're in BC, if that matters. thanks,

  • #2
    believe,

    welcome to the forum.

    I am not entirely clear on BC law however I did come across this

    "For the purposes of the provincial Family Relations Act of BC, you are in a common-law relationship if you and your partner have lived together as a couple for more than two years in a "marriage-like relationship." Common-law partners can be of the same or opposite sexes. Relationships that are less than two years' long are not common-law relationship under provincial legislation, although they may qualify for the purposes of federal legislation.

    Common-law relationships end when the "marriage-like" quality of the relationship ends, usually when a couple decides to break up. Contrary to popular belief, common-law couples are not married; without a civil or religious ceremony, you are not married and there are no legal steps which must be taken to end the relationship. A common-law relationship is over when it's over! A common-law couple does not need to get a divorce to formally terminate their relationship.

    The whole of the Family Relations Act, except for the parts dealing with the division of property and pensions (Parts 5 and 6), applies to any couple who has "lived in a marriage-like relationship" for at least two years.

    A common-law partner must bring a claim for spousal support within one year after the relationship ends, after which the claim will be barred by statute.


    Under s. 1 of the Family Relations Act, "parent" and "spouse" are defined as follows:

    "parent" includes

    (a) a guardian or guardian of the person of a child, or

    (b) a stepparent of a child if

    (i) the stepparent contributed to the support and maintenance of the child for at least one year, and

    (ii) the proceeding under this Act by or against the stepparent is commenced within one year after the date the stepparent last contributed to the support and maintenance of the child;

    "spouse" means a person who

    (a) is married to another person,

    (b) except under Parts 5 and 6, lived with another person in a marriage-like relationship for a period of at least 2 years if the application under this Act is made within one year after they ceased to live together and, for the purposes of this Act, the marriage-like relationship may be between persons of the same gender,

    (c) applies for an order under this Act within 2 years of the making of an order

    (i) for dissolution of the person's marriage,

    (ii) for judicial separation, or

    (iii) declaring the person's marriage to be null and void, or

    (d) is a former spouse for the purpose of proceedings to enforce or vary an order.

    (2) For the purpose of paragraph (b) of the definition of "parent" in subsection (1), a person is the stepparent of a child if the person and a parent of the child

    (a) are or were married, or

    (b) lived together in a marriage-like relationship for a period of at least 2 years and, for the purposes of this Act, the marriage-like relationship may be between persons of the same gender.

    lv

    Comment


    • #3
      [QUOTE=logicalvelocity]
      A common-law partner must bring a claim for spousal support within one year after the relationship ends, after which the claim will be barred by statute.

      lv,

      Is this timeframe to seek spousal support specific to BC? Or does the 1 year threshold apply to Ontario as well??

      I know the means/needs drill. Just wondering how long I'll be on eggshells as to whether the exCL will seek spousal support.

      Jeffery's page at http://www.common-law-separation-can...ifferences.htm says "If you weren't married, you need to ensure that you apply for spousal support within 2 years of separation."

      Thanks as always!!

      Comment

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