Gavin Howe
Alberta law no longer uses the term common law relationship and instead refers to adult interdependent relationships or Adult Interdependent Partnerships (AIPs). AIPs are defined in the Adult Interdependent Relationships Act, which was passed in 2002 and became law in 2003. AIPs have similar rights to married couples, including spousal support, property division, and inheritance. To be considered an AIP, couples must live together for three or more years, live together with some level of permanence (such as having a child together), or sign an Adult Interdependent Partner agreement. While there are some differences between common law relationships and marriages in Alberta, such as the age of consent and the ability to change surnames, AIPs are generally afforded similar legal rights and protections as married couples in the province.
| Characteristics | Values |
|---|---|
| Term used by Alberta law | Adult Interdependent Relationship |
| Term used by people in Alberta | Common law relationship |
| Minimum age | 16 years old |
| Requirements | Lived together for 3 or more years, lived together with some level of permanence (e.g. having a child together), signed an adult interdependent partner agreement |
| Legal rights | Spousal support, property division, inheritance, Assured Income for Severely Handicapped (AISH) benefit, insurance benefits |
| Property division rules | Each partner keeps the property they brought into the relationship, gifts, inheritances, insurable payouts, court awards |
| Marriage license required? | No |
| Legal ceremony required? | No |
| Name change allowed? | No |
Explore related products
What You'll Learn
Common law vs adult interdependent relationships
In Alberta, a common-law relationship is legally referred to as an "Adult Interdependent Partnership" (AIP). This term was introduced in 2003 when the Adult Interdependent Relationships Act was passed, which rendered the term "common law" obsolete.
Criteria for Common-Law and Adult Interdependent Relationships
A couple qualifies as being in a common-law relationship or an AIP if they meet any of the following criteria:
- They have lived together in a relationship of interdependence for at least three years.
- They have lived together with some degree of permanence and have a child together.
- They have entered into an Adult Interdependent Partner agreement.
It is important to note that a relationship does not need to be romantic or conjugal to qualify as an AIP. Minors, relatives, and platonic friends can be considered interdependent relationships under the right circumstances.
Rights and Responsibilities
AIPs in Alberta are granted certain rights and responsibilities similar to those of legally married couples. These include:
- Decision-making rights: AIPs can make personal decisions for their partner in situations where they are unable to do so, such as in medical emergencies or health deteriorations.
- Financial rights: AIPs are entitled to financial support from their partner, especially in cases of separation or upon the partner's death.
- Rights concerning children: If AIPs share children, they have similar rights and obligations as married parents, including guardianship, parenting, and child support.
- Estate rights: In the event of a partner's death, the surviving AIP has rights to a portion of the deceased partner's estate if they die without a will.
- Immigration benefits: AIPs may be considered as common-law partners and potentially qualify for family sponsorship under the Canadian immigration system.
Property Division
The property division rules for common-law relationships in Alberta have changed since the transition from the Matrimonial Property Act to the Family Property Act in 2020. Now, the Family Property Act applies to both married couples and AIPs in the province. The Act provides that the Courts can distribute family property between AIPs equally, unless it would not be just and equitable to do so.
In summary, while the term "common law" is no longer used in Alberta family law, the rights and responsibilities associated with such relationships have been expanded and protected under the Adult Interdependent Relationships Act. AIPs in Alberta enjoy similar legal rights and protections as married couples upon the breakdown of their relationship.
How Laws Change: A Dynamic Legal Landscape
You may want to see also
Explore related products
$34.4 $43.75
Rights of common-law couples
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP). A couple qualifies as an AIP if they meet any of the following criteria:
- They have lived together for at least three years.
- They have lived together with some degree of permanence, such as having a child together.
- They have signed an Adult Interdependent Partner agreement.
The rights of common-law couples in Alberta are similar to those of married couples. Here are some of the key rights that common-law couples are entitled to:
Property Rights
Common-law partners in Alberta have similar property rights to married couples. Upon the dissolution of a relationship, property is typically divided fairly and equally between the partners. However, each partner generally keeps the property they brought into the relationship, along with certain acquired assets like gifts, inheritances, and insurable payouts.
Inheritance Rights
Under the Wills and Succession Act, a common-law partner has the same right to inheritance as a married spouse when their partner dies without a will. They are considered dependents and can receive the same inheritance as a spouse, although dower rights only apply to married couples.
Spousal Support
Common-law partners can bring a claim for spousal support under the Family Law Act, which is similar to the spousal support provisions of the Divorce Act for married spouses.
Child Support and Custody
The laws relating to child support and child custody are the same for both married and common-law couples in Alberta. Common-law couples can seek child support and custody arrangements under the Family Law Act.
Other Benefits
Common-law partners may also be entitled to certain benefits, such as the Assured Income for Severely Handicapped (AISH) benefit and other insurance benefits.
It is important to note that while common-law couples have similar rights to married couples, there may be nuances to each situation. Seeking legal advice is always recommended to understand the specific rights and obligations in a common-law relationship.
The President, Congress, and Lawmaking: Who Needs Whom?
You may want to see also
Explore related products
Property division rules
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP). This is a legal designation that applies if two individuals:
- Have lived together for three or more years
- Have lived together with some level of permanence, such as having a child together
- Have signed an adult interdependent partner agreement
Alberta's Adult Interdependent Relationships Act defines 'Adult Interdependent Partners' as two people who live together in a relationship of interdependence. This can include minors, relatives, and platonic friends under the right circumstances.
In Alberta, common-law partners that qualify as Adult Interdependent Relationships are entitled to property division in much the same way as a married couple.
The Family Property Act, which came into effect on January 1, 2020, applies to both married couples and adult interdependent relationships. Under this Act, property owned by either or both adult interdependent partners can be divided according to the family property regime in Alberta. This means that property is generally divided equally between the parties, unless circumstances suggest that it would be unjust or inequitable to do so.
Each partner typically keeps the property they brought into the relationship, along with certain assets acquired during the relationship, such as gifts, inheritances, insurable payouts, or court awards.
It's important to note that existing property division agreements that were enforceable under the law when they were signed will remain valid. Additionally, couples have the option to opt out and draft their own agreement if they wish to divide their property differently from the rules in the legislation.
Police Discretion: Can They Refuse to Enforce the Law?
You may want to see also
Explore related products
Requirements for common-law relationships
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP). To qualify as an AIP, a couple must meet at least one of the following criteria:
- Live together for three or more years
- Live together with some level of permanence, such as having a child together
- Sign an Adult Interdependent Partner Agreement
It is important to note that an AIP does not require a romantic or conjugal relationship. Minors, relatives, and platonic friends can qualify as long as they meet the criteria.
To prove an AIP status, it is easiest to have an Adult Interdependent Partner Agreement signed by both partners. This agreement should include statements showing that both partners understand their rights and obligations under Alberta law, declarations of being at least 16 years old, unmarried, and not having signed another Adult Interdependent Agreement. It should also include a clause that makes the agreement void if the relationship ends.
If there is no formal agreement in place, other documentation can be used to prove an AIP status. This includes utility bills, lease agreements, or joint bank account statements that demonstrate a relationship of interdependence.
The rights and obligations of people in an AIP in Alberta are similar to those of married couples. These include benefits relating to property division, insurance, taxation, inheritance, and the right to use the home after a partner's death. However, there are some differences, such as the inability to change surnames and the requirement to be at least 16 years old instead of 18.
Environmental Law Careers: Diverse Opportunities
You may want to see also
Explore related products
Differences between common-law and marriage
Alberta law uses the term "adult interdependent relationship" (AIR) to describe a relationship where two people live together like in a marriage but without a marriage certificate. Adult interdependent partners (AIP) is a legal designation that applies when individuals 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.
There are several notable differences between common-law relationships and marriages in Alberta:
- To get married in Alberta, individuals must be at least 18, or if between 16 and 18, have written consent from a legal guardian. Adult interdependent partners must be at least 16.
- To be legally married, a couple must obtain a marriage license and hold a legal ceremony, whereas adult interdependent partners simply need to meet the criteria outlined above.
- Adult interdependent partners can be related to one another (if they are at least 18 and have a formal adult interdependent agreement), but married spouses cannot be closely related to each other.
- An adult interdependent partner cannot change their surname to that of their partner, unlike in a marriage.
- Married spouses must apply for a divorce to be eligible to marry again, whereas a common-law relationship is dissolved automatically.
- Alberta's Dower Act applies only to married spouses. This law ensures that where one married spouse owns the matrimonial home, they cannot mortgage or sell the home without the agreement of the non-owning spouse.
- There is no automatic right to property division in an AIR, as there is in marriage. In an AIR, each party will keep what they own individually, and any joint property is split. However, since January 1, 2020, changes to the law in Alberta have ensured that individuals in an AIR benefit from the same protection as married spouses when it comes to dividing assets after a breakup.
Despite these differences, common-law relationships in Alberta are similar to marriages in many ways. Common-law partners that qualify as Adult Interdependent Relationships are entitled to spousal support, property division, and inheritance, much like married spouses. Child support and custody laws are also the same for both types of relationships.
WHO's Role: Lawmaking Power or Advisory?
You may want to see also
Frequently asked questions
A common-law relationship in Alberta is a marriage-like relationship between two people who are not legally married. The term 'common-law' is no longer used in Alberta law, with the Adult Interdependent Relationships Act of 2003 defining such relationships as Adult Interdependent Relationships.
A couple is considered to be in a common-law relationship or Adult Interdependent Partnership (AIP) in Alberta if they meet one of the following criteria: they have lived together for three or more years; they have lived together with some degree of permanence and have a child together; or they have signed an Adult Interdependent Partner agreement.
Common-law partners in Alberta are entitled to similar rights as married spouses, including spousal support, property division, and inheritance. However, there may be differences in specific situations, and it is always best to seek legal advice.
