Common-Law Separation in BC

There Is Nothing to File, and That Surprises People

Married couples need a court order to end a marriage. Unmarried couples do not. There is no common-law divorce in British Columbia, no application, no registry, and no waiting period. The relationship ends when you separate, and the Family Law Act hangs real consequences on that moment rather than on any paperwork.

The Act is practical about what separation looks like. Under section 3(4), spouses may be separated despite continuing to live in the same residence, and a court may consider, as evidence of separation, one spouse communicating to the other an intention to separate permanently, or an action that demonstrates that intention. The date can be clear even when nobody has moved out, and the date matters twice over: family property is identified as of the date the spouses separate, and the deadline for property and support claims runs from it.

If the real dispute is whether you were ever spouses at all, start with our reader guide, are we in a common-law relationship in British Columbia? This page is about what happens once separation is real.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is all we practise, in English and Punjabi, and separations without a marriage certificate are everyday work within our common-law services.

What Still Needs Resolving

No divorce filing does not mean no legal work. A separating common-law couple faces the same live issues as a divorcing one:

• Parenting. Where the children live and how decisions get made never depended on marriage, and these arrangements deserve to be settled properly, not left to drift.
• Child support. It follows from being a parent, not from being married. Our child support page explains how amounts are determined.
• Spousal support. A spouse may seek spousal support after separation, and for unmarried spouses the claim must be started within the window described below.
• Property and debt. Spouses who lived together at least two years divide family property and family debt under the Act. Our property division page covers how.

The window is set by section 198(2)(b) of the Act: a spouse who lived in a marriage-like relationship must start a proceeding for property division or spousal support no later than two years after the date of separation. The clock is suspended while the parties are engaged in family dispute resolution with a family dispute resolution professional. The two-year limit in that section applies to property, pension, and spousal support claims. It does not appear in the Act as a limit on parenting or child support matters.

Separation Agreements for Common-Law Couples

Most common-law separations should end on paper, not in a courtroom. A separation agreement can record the separation date, divide property and debt, settle support, and set parenting terms in one document. For property and debt specifically, the Act expressly permits spouses to make their own agreements, including dividing things equally or unequally, so a negotiated deal can be shaped to your actual situation rather than the statutory default.

We draft, negotiate, and review these agreements regularly. Our separation agreements in BC page explains how they are built and what makes them durable. When negotiation needs structure, in-house mediation is available. And if you are at the very start and not sure what to gather, our separation checklist is a practical first step.

How We Handle a Common-Law Separation File

First, dates. We pin down when the relationship began and when separation happened, because both drive the property analysis and the limitation period. Second, disclosure. We get the financial picture on the table from both sides. Third, resolution. We negotiate toward a signed agreement, mediate when that helps, and start a court proceeding when the deadline demands it or the other side will not engage. Protecting the two-year window sits behind every step.

Frequently Asked Questions

Do We Need to File Anything to Be Legally Separated?

No. There is no filing, form, or registration that makes a common-law separation official in BC. Separation is a matter of fact. What deserves attention instead is evidence of the date, because rights and deadlines hang from it.

Can We Be Separated While Living in the Same Home?

Yes. The Act says spouses may be separated despite continuing to live in the same residence. Courts may look at whether one spouse communicated an intention to separate permanently and at actions demonstrating that intention. If you are separated under one roof, make the date clear and keep a record.

What if We Get Back Together for a While?

Reconciliation attempts can move the dates, and dates move money. For property division purposes, the Act says spouses are not considered to have separated if, within one year after separation, they live together again primarily to reconcile and do so for one or more periods totalling at least 90 days. If you have tried again, tell your lawyer exactly when and for how long.

How Long Do I Have to Make Claims After We Separate?

For property division and spousal support, no later than two years after the date of separation, with the clock suspended while you are in family dispute resolution with a professional. Treat it as a hard deadline and get advice well before it approaches.

Talk to a Common-Law Separation Lawyer in Surrey for Free

If your relationship has ended, or is ending, the first 30 minutes with SiLaw Group are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.