Navigating Common Law Separations in Alberta: What You Need to Know

Common law relationships, also known as adult interdependent partnerships in Alberta, are increasingly common. However, when these relationships end, understanding your rights and obligations can be complex. At Jaswal Law, we provide clarity on the intricacies of common law separations, including how they differ from traditional divorces. This guide covers entitlements for support, division of property, and the legal processes involved.

Understanding Common Law Relationships in Alberta

In Alberta, a common law relationship is legally referred to as an “Adult Interdependent Relationship”. This relationship applies to couples who:

– Have lived together for at least three years.

– Have a child together and live in a relationship of some permanence.

– Have signed an Adult Interdependent Partner Agreement.

Common Law Split in Alberta: Key Differences from Divorce

While common law separations and divorces both involve the end of a relationship, the legal processes and entitlements can sometimes differ.

1. Entitlements for Support

Partner Support: In a common law separation, one partner may be entitled to partner support if they meet specific criteria, similar to those in a divorce. Factors considered include the length of the relationship, roles during the relationship, and each partner’s financial situation.

Child Support: Both common law and married parents are obligated to support their children financially. Child support guidelines apply equally in both scenarios.

2. Division of Property

Matrimonial Property vs. Common Law Property: In Alberta, the Family Property Act governs the division of assets for both married couples and common law couples.

Joint Property: Any property acquired jointly during the relationship is usually divided equally, but other assets may require a legal determination.

The Process of Common Law Separation in Alberta

1. Separation Agreement

A separation agreement is essential for outlining the terms of the split, including child custody, support, and property division. It is advisable to seek legal advice to ensure the agreement is fair and legally binding.

2. Legal Proceedings

If partners cannot agree on the terms of the separation, legal action may be necessary. The court can intervene to make decisions on support, property division, and child custody. Unlike divorces, there is no formal legal process to “end” a common law relationship, but legal actions can resolve disputes for the issues outstanding.

3. Proving the Relationship

In some cases, proving the existence and duration of the common law relationship is necessary, especially when claiming partner support or dividing property. Documentation such as joint bank accounts, shared leases, or affidavits from friends and family can be used as evidence.

Common Law Alberta Laws: What You Need to Know

1. Adult Interdependent Relationships Act (AIRA)

The AIRA defines the rights and responsibilities of common law partners in Alberta. Understanding this act is crucial for recognizing your entitlements during a separation.

2. Time Limits

There are specific time limits for making claims related to property division and support. It’s essential to act promptly and seek legal advice to ensure your rights are protected.

How Long Before a Relationship is Common Law in Alberta?

For a relationship to be considered common law in Alberta, the couple must live together for at least three years or have a child together and live in a relationship of permanence. Signing an Adult Interdependent Partner Agreement can also formalize the relationship without the three-year requirement.

Conclusion

Common law separations in Alberta require a clear understanding of your rights and the legal processes involved. While there are similarities to divorces, notable differences in property division and legal proceedings exist. At Jaswal Law, we are here to guide you through every step of the process, ensuring your interests are protected. For more information or to schedule a consultation, visit our website at www.jaswal-law.ca, call us at 780-737-9999, or email us at info@jaswal-law.ca.