Common-law couples now have same rules as married unions in B.C.

Thousands of live-in couples in British Columbia woke up Monday to find that, according to the provincial government, they are essentially married.

According to the new Family Law Act, which came into effect Monday, couples who have lived together for two years, or have a child together, are now required to divide assets and debts accrued during the relationship 50/50 if they break-up.

The new act replaces the decades-old Family Relations Act as a way to adequately reflect the more modern needs of families and relationships, according to the government.

New rules

The new laws clarify parental responsibilities, broaden the definition of family violence and encourage couples to resolve their disputes out of court.

As well, couples who have a child and have lived together for less than two years are now able to apply for spousal support.

The new act, however, also comes with new provisions shielding pre-marriage assets, inheritances and lottery wins from spousal claim in the event of a breakup.

Other areas of the law, including wills and estates, income tax and spousal support, already treat common-law families the same as married families.

If couples do not want the property division rules to apply to them, they can opt-out and divide their property as they see fit.

Lawyers in the province have been busy drawing up cohabitation agreements, similar to pre-nuptial agreements, for couples to sign before the law took affect, and are urging others to consider the option.

In, B.C. there were 160,000 common law couples in 2011, and that number is growing exponentially. Between 2006 and 2011, the rate of common-law relationships climbed 13.9 per cent in Canada, while marriages increased by only 3.1 per cent, according to Statistics Canada.

Protection against family violence

B.C. Attorney General Shirley Bond says a major change adds teeth to restraining orders, formerly enforced through the civil justice system.

Under the revised act, protection orders are covered by the Criminal Code, which Bond says permits timely, effective, potentially life-saving enforcement, because police can step in very quickly.

The group West Coast LEAF, which seeks equality rights legislation for women, says the Act, replacing the outdated Family Relations Act, also broadens the definition of family violence to include psychological and emotional abuse.

It is pleased the courts are now required to take evidence of family violence into account when making decisions about the best interests of children.

But LEAF worries that the Act places significant emphasis on out-of-court settlements, without setting aside funds to cover the increased demands on mediators, arbitrators and family counsellors.
With files from the Canadian Press and Postmedia