Kara Sears
In Alberta, the term 'common-law relationship' is used to describe a couple that lives together without being married. While there is no specific timeframe for a couple to be considered common-law, certain criteria must be met. These include living together for at least three years, living together with some level of permanence, such as having a child together, or signing an Adult Interdependent Partner Agreement. Proving a common-law relationship is crucial for protecting one's rights, especially in cases of separation, property division, inheritance, and financial support. Alberta's inclusive and comprehensive laws regarding common-law relationships grant similar rights to married couples, but with certain distinctions, making it essential for individuals to understand their legal standing and options.
| Characteristics | Values |
|---|---|
| Term | Common law relationship, adult interdependent relationship, adult interdependent partnership (AIP) |
| Legal recognition | Alberta law treats adult interdependent relationships similarly to marriage, but there are some differences |
| Legal rights | Spousal support, property division, inheritance, financial support |
| Property division | Covered under the Family Property Act; common-law principles of Constructive Trust and Unjust Enrichment |
| Inheritance | Under the Wills and Succession Act, an adult interdependent partner is considered a dependent and has the right to the same inheritance as a spouse |
| Financial support | Adult interdependent partners can be financially dependent on each other |
| Relationship type | The relationship can be sexual, platonic, or romantic; it does not need to be conjugal in nature |
| Living arrangements | Partners usually live together with some level of permanence, but it is not a requirement |
| Duration | Partners must have lived together for at least three years or have a child together to qualify |
| Documentation | Adult Interdependent Partner Agreement, cohabitation agreement, will |
| Age requirement | Partners must be 16 years old or older |
| Marital status | Partners must be unmarried |
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What You'll Learn
Inheritance rights
In Alberta, a common-law relationship is legally referred to as an "Adult Interdependent Relationship" (AIR). This distinction is important for partners to understand their legal position and the rights and obligations that come with their relationship status.
To be recognised as an AIR, couples must live together for three years, have a child together, or sign an Adult Interdependent Partner agreement. Once recognised, common-law partners have similar inheritance rights to married couples.
According to the Wills and Succession Act, if a person dies without a will, their common-law partner has the right to inherit their estate, similar to a spouse. However, common-law partners must prove their relationship status if they are not explicitly named in the will.
In the case of a relationship breakdown, common-law partners may claim each other's property, and assets acquired during the relationship must be divided fairly. Property owned by one partner prior to the relationship may not be subject to division, but any increase in value of said property is usually divided equally.
It is important to note that while common-law relationships in Alberta provide similar inheritance and property rights as married couples, there are nuances to each situation, and seeking legal advice is recommended.
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Property division
In Alberta, common-law couples are called adult interdependent partners. Not all relationships are considered adult interdependent partnerships, as they must meet certain criteria set out in the Adult Interdependent Relationships Act (AIRA). Generally, an adult interdependent relationship arises when the parties have lived together in a relationship of interdependence for a continuous period of at least three years. Alternatively, an adult interdependent relationship may also arise if the relationship is of some permanence, such as if the parties have a child together.
The Family Property Act (FPA) in Alberta governs the division of property for adult interdependent partners who separate on or after January 1, 2020. Under the FPA, adult interdependent partners have the same rights as married couples to make a claim on property. All property acquired after the beginning of a relationship of interdependence will be eligible for inclusion in the court's calculation of assets to be divided. However, certain types of property are exempt, such as property that was owned prior to the relationship, acquired through an inheritance, or received as a gift from a third party.
If common-law couples separated before January 1, 2020, or do not meet the threshold 'test', the common law principles of Constructive Trust and Unjust Enrichment are applied. Under the old regime, common-law partners would be subject to common-law principles for property division, such as unjust enrichment or other equitable remedies through the court.
The court will consider various factors when deciding on an unequal division of property between adult interdependent partners. These factors include the contribution made by each partner to the relationship and the welfare of the family, financial contributions made towards acquiring, conserving, or improving property, the income, earning capacity, liabilities, and financial resources of each partner, and any other relevant facts or circumstances.
It is important to note that each case is dependent on its unique facts and circumstances. Common-law partners should seek legal advice to understand their rights and obligations regarding property division upon separation.
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Adult Interdependent Relationship agreements
In Alberta, the term "common-law relationship" is not used. Instead, the provincial law refers to this type of relationship as an "adult interdependent relationship" (AIR). This is a legal designation that applies in one of the following three circumstances:
- The individuals have lived together for three or more years.
- The individuals have lived together with some level of permanence, such as having a child together.
- The individuals have signed an adult interdependent partner agreement.
The easiest way to prove adult interdependent relationship status is with an adult interdependent partner agreement signed by both partners. This is a legal document that should include a statement showing that the signatories understand their rights and obligations as adult interdependent partners under Alberta law. It should also include declarations stating that they are at least 16 years old, unmarried, have not signed another adult interdependent agreement, and are living together or intend to live together in a relationship of interdependence. The agreement should also include a clause that makes it void if the relationship ends.
The rights and responsibilities of adult interdependent partners (AIPs) are similar to those of married spouses. For example, AIPs are entitled to their partner's financial support, especially in cases of separation or upon the partner's death. AIPs also have similar decision-making rights to married couples, such as the ability to make personal decisions for their partner in situations where they are unable to do so, including medical emergencies.
Property division is a critical aspect of adult interdependent partnerships, particularly when the relationship ends. Unlike traditional marriages, these partnerships do not necessarily carry the same automatic rights to property division. However, Alberta's legal framework provides for a fair distribution of assets and debts accrued during the relationship. The Adult Interdependent Partner Act recognizes the economic and emotional contributions made by both partners and empowers the courts to distribute property based on these contributions rather than solely on legal ownership.
It is important to note that adult interdependent relationships may result in the imposition of obligations and may affect eligibility for benefits under various Alberta programs and laws. For example, partners are obligated to financially support one another, and their incomes will be considered when determining eligibility for premium assistance under the Alberta Health Care Insurance Plan.
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Child support and custody
In Alberta, the Family Law Act requires the judge to protect the child's physical, psychological, and emotional safety. The judge must consider the 'best interests of the child' when making decisions. This includes ensuring the child's right to financial support from their parents. Child support is payable under the Federal Child Support Guidelines for married couples and the Alberta Child Support Guidelines for common-law couples. These guidelines outline the amount of support payable based on the number of children and the income level of the parents. Basic expenses such as food, clothing, and shelter, as well as special and extraordinary expenses, are covered by child support.
When it comes to child custody, the Divorce Act in Canada uses the term ''custody' to refer to the physical time spent with the child and decision-making responsibilities. In Alberta, the Family Law Act uses the terms 'parenting', 'contact', and 'guardianship'. 'Parenting' refers to the physical time spent with the child, 'contact' refers to the time a non-guardian spends with the child, and 'guardianship' refers to the powers and responsibilities of making decisions on behalf of the child. In cases of legal separation or divorce, it is recommended to have a written arrangement for child custody, drafted by a legal professional or family lawyer. This arrangement includes the primary residence of the child and parenting time for each parent.
According to Stats Canada, 52% of Canadians opt for written arrangements, while 32% choose verbal arrangements. However, verbal arrangements can lead to future problems if not properly documented. It is important to note that children have a say in custody decisions if they are old enough and mature enough to express their preferences. Nonetheless, the court makes the final decision, considering factors such as family violence and criminal behaviour.
Before initiating any family law action in Edmonton, Calgary, or Red Deer, certain requirements must be met, including taking the Parenting After Separation eCourse, completing a Financial Disclosure Statement, attending Alternative Dispute Resolution, and meeting with a family court counsellor. It is always advisable to seek legal assistance when navigating child support and custody arrangements to ensure the best outcome for all parties involved, especially the children.
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Cohabitation agreements
In Alberta, the term "common-law relationship" is not legally recognised. Instead, the province uses the term "
- The individuals have lived together for three or more years.
- The individuals have lived together with some level of permanence, such as having a child together.
- The individuals have signed an adult interdependent partner agreement.
A cohabitation agreement is a legal document in Alberta between two people in a common-law relationship, or what is legally referred to as an 'adult interdependent relationship'. It is similar to a prenuptial agreement and can be beneficial for unmarried couples, especially those in an adult interdependent relationship.
A cohabitation agreement sets out the rights and obligations of two people whose relationship can be classified as adult interdependent. These agreements commonly decide who gets what and pays for what in the event of a break-up. However, they can also set out rights and obligations during the relationship, such as who pays for what, who is responsible for what, and who owns what.
The items included in cohabitation agreements are very similar to prenuptial agreements. Anything legal can be included, but the most common items are:
- Division of shared assets and property.
- The exclusion of certain properties from division.
- The division of debts.
- Payment of expenses during the relationship.
- Establish custody of children and visiting rights.
- Payment of spousal support.
To be eligible for a cohabitation agreement in Alberta, you must be in an adult interdependent relationship. To be considered adult interdependent, the relationship must exist outside of marriage, and both people must share each other's lives emotionally, financially, and domestically (they live together). The relationship must have existed like this for at least three years unless the couple has a child together (either by birth or adoption).
To prove adult interdependent relationship status, you can sign an adult interdependent partner agreement. This is a legal document that should include the following information:
- A statement showing that you understand your rights and obligations as adult interdependent partners under Alberta law.
- Declarations stating that you are at least 16 years old, unmarried, have not signed another adult interdependent agreement, and are living together or intend to live together in a relationship of interdependence.
- A clause that makes the agreement void if the relationship ends.
- Signatures of both partners and two witnesses (along with their names and addresses) for each partner.
- Signed consent by a legal guardian of any 16- or 17-year-old partner.
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Frequently asked questions
A common-law relationship in Alberta is a couple living together unmarried, similar to a marriage. Since 2003, it has been called an Adult Interdependent Relationship (AIR).
For a relationship to be classified as an AIR, the couple must have lived together for three or more years, lived together with some level of permanence, such as having a child together, or have signed an Adult Interdependent Partner Agreement.
Common-law partners in Alberta have similar rights to married couples, including spousal support, property division, and inheritance. However, there are some differences, such as the division of property upon separation and dower interests upon death.
The easiest way to prove a common-law relationship in Alberta is with an Adult Interdependent Partner Agreement signed by both partners. This agreement outlines the rights and obligations of each partner under Alberta law. Other ways to prove a common-law relationship include living together for more than three years, having joint bills or leases, owning property jointly, or having a child together.
Yes, you and your partner can enter into a cohabitation agreement that sets out your rights and obligations towards each other, including how your property will be divided if the relationship ends. This agreement can help ensure that both parties know their rights and responsibilities at the outset of the relationship.
