Common law relationships in Alberta, a charming province in Canada’s western frontier, possess their unique legal characteristics. Notably, the Alberta Family Law Act recognizes these relationships under the term “Adult Interdependent Relationships.”
When two individuals share a life together without a formal marriage, they may not fully grasp the legal implications. After a three-year cohabitation period or immediately if they have a child together, couples are automatically considered in an Adult Interdependent Relationship under Alberta law.
Alberta has been leading in recognizing these types of relationships since 2003 when the Adult Interdependent Relationships Act came into effect. Statistics Canada estimates that nearly 17.8% of all couples in Alberta lived in common-law relationships as of 2016, an increase of over 13.7% from 2006, highlighting the widespread prevalence of these unions.
If you want to speak to a lawyer in Alberta about common-law relationships, we suggest using “ClearwayLaw’s lawyer directory” to reach out to local lawyers.
Partnerships are property rights
What becomes key in these partnerships is property rights. If the relationship dissolves, dividing shared property isn’t as clear-cut as in a legal marriage. Under Alberta’s legislation, property division rules applicable to legally married couples do not automatically apply to common-law partners. Instead, each partner retains what’s in their name.
However, a common-law partner can make a claim for a share of the other’s property based on contribution or unjust enrichment, although these cases are often complex and require legal intervention.
Delving into financial support, a common-law partner in Alberta may seek adult interdependent partner support upon separation. Just as with married couples, the court assesses the partners’ financial means and needs. In 2019, nearly 11.3% of all spousal support cases in Alberta involved common-law couples, demonstrating the relevance of this legal provision.
Common-law partners concerning children
The rights of common-law partners concerning children are identical to those of married couples. Both parents have equal responsibilities and rights concerning guardianship, parenting, and contact with the child. In 2020, around 21.7% of all child custody cases in Alberta involved common-law parents, emphasizing the significance of this provision.
When it comes to inheritance rights, Alberta’s law doesn’t automatically accord the same protections to common-law partners as it does to legally married couples. Without a will, a common-law partner does not have an automatic right to the deceased’s estate.
However, they can make a dependency claim, but success isn’t guaranteed. To mitigate this risk, estate planning, including wills and beneficiary designations, is essential for those in common-law relationships.
Insurance coverage, too, is an area where common-law relationships experience different treatment. While spouses are automatically considered dependents for insurance purposes, common-law partners may not be. It depends largely on the specific terms of the insurance policy.
Common-law relationships in Alberta
Considering all these, common-law relationships in Alberta enjoy a certain level of rights and protections, comparable but distinct from that of their married counterparts. For couples opting for this type of union, it’s essential to understand these implications to safeguard their rights and interests, thus making legal advice a valuable asset.
The province of Alberta has seen a growing trend towards common-law relationships, adding to its social tapestry. With this trend unlikely to wane anytime soon, it’s crucial to ensure the legal framework continues to evolve and protect everyone involved.
Guidelines for Splitting Property Between Unmarried Partners
In Alberta, as of January 1, 2020, a transformation has unfolded in the legal landscape regarding property distribution following the dissolution of a committed, yet unmarried, partnership. This development notably impacts a multitude of Albertans, as there is an evident societal trend towards individuals engaging in committed relationships without the formality of marriage.
The revision in family law explicitly delineates the rules for these unmarried couples to separate their assets, from their residences to their personal possessions, in the unfortunate event of their union’s disintegration.
However, it’s imperative to note that these legislative amendments are only applicable to matrimonial spouses and adult interdependent partners who choose to part ways post-January 1, 2020.
Common law relationships Alberta
The concept of ‘adult interdependent relationships’ in Alberta has often been shrouded in ambiguity, leading to an expensive and complex process when it comes to dividing assets post-separation. These partnerships, involving individuals living together in a mutually reliant relationship, are typically outside the boundaries of traditional marriage.
However, the dawn of new laws will simplify property division for such relationships, known officially as ‘adult interdependent relationships.
Adult Interdependent Relationships Act Alberta
As per Alberta’s Adult Interdependent Relationships Act, ‘adult interdependent partners’ are characterized as two individuals sharing a home in a mutually reliant partnership, subject to certain conditions.
These include a continuous cohabitation period of no less than three years, a period of some permanence if a child is involved (and less than three years), or those who have formalized their bond through an adult interdependent partner agreement.
If you find yourself uncertain about whether you fit the definition of an adult interdependent partner, seeking advice from a legal professional could prove invaluable.
An interesting legal revision is on the horizon for marital spouses who cohabitated prior to tying the knot. The application of property division rules will extend to the entire length of the relationship – not just the duration of the legal marriage – if the couple lived in a state of mutual dependence before formalizing their union.
Distribution of property accumulated pre-marriage
Under the existing legislation, spouses have the liberty to ‘opt out’ from the standard property division norms. They can pen down their own arrangement, tailored to their unique circumstances, for the division of their assets. In the absence of such a personalized agreement, the law will dictate the distribution of property accumulated post-marriage.
Looking ahead, the existing property division regulations only cater to married couples and are embedded in the Matrimonial Property Act.
From the dawn of the new decade, January 1, 2020, the Matrimonial Property Act will undergo a metamorphosis, evolving into the Family Property Act.
Common law relationships in Alberta
Effective January 1, 2020, the rebranded Family Property Act will empower adult interdependent partners to lodge a claim for property division within two years from the date the applicant acknowledges the conclusion of the relationship or reasonably should have done so.
Property division agreements that were legally enforceable at the time of signing will continue to hold legal validity.
If you seek more information about the possibility of ‘opting out’ from the property division norms, reaching out to a lawyer might be the best course of action.
