Common Law Relationships Alberta
Common Law Separation
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When a common law relationship ends in Alberta, the legal complexities can be just as challenging as those faced in a traditional divorce. Understanding your rights and obligations under Alberta law is crucial for protecting your interests and those of your children.
Those going through a common law separation often have to address the same issues as people who are going through a divorce including property division, partner support, parenting, and child support. The emotional and financial stakes can be equally high, and the legal framework requires careful navigation.
Typically the first factor that needs to be determined is whether the particulars of the relationship meet the threshold for being a common law relationship (legally known as an adult interdependent partnership). This determination is fundamental because it affects many of your legal rights and responsibilities.
Some rights and responsibilities are dependent on the determination of whether the parties were in an adult interdependent relationship. Others, such as parenting and child support exist regardless of whether the relationship was common law or not. This means that even if your relationship doesn’t qualify as an adult interdependent partnership, you still have important rights and responsibilities concerning your children.
What is "Common Law" in Alberta?
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In Alberta, common law relationships are legally known as adult interdependent partnerships and are governed by the Adult Interdependent Relationships Act. To establish an adult interdependent partnership, one of three criteria must be met:
- The parties must have cohabited in a “Relationship of Interdependence” for at least three years;
- The parties must have cohabited in a “Relationship of Interdependence” with some sense of permanence if less than three years and the parties share a child; or
- The parties have entered into a formal Adult Interdependent Partnership agreement with each other.
Most issues, such as spousal and child support, are approached similarly with regard to legal marriages and adult interdependent partnerships. One key difference used to be the division of property. Prior to January 2020, unmarried couples were not included in the Matrimonial Property Act. For a party to claim entitlement to property owned by their ex-common law partners, they had to claim that their ex-partner has been unjustly enriched by the relationship such that it would be fair and equitable to share some of the property in the ex-partner’s name.
As of January 2020, the Matrimonial Property Act has been renamed the Family Property Act and applies to adult interdependent partners. All parties are now subject to the same rights and entitlements as married couples, including the rights attached to family property. However, if you and your partner separated prior to January 2020, any claims to property must be brought via a claim in unjust enrichment.
Common Law Separation Lawyers
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At Helm Family Law LLP, our family lawyers have experience advising and representing those going through a common law separation, including regarding the issues of parenting, child support, property division and partner support.
Going through a common law separation? Contact us today to start the process of learning your rights, responsibilities, and options to move forward.
Going Through a Common Law Separation?
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