Cecily Zamora
In Alberta, common-law relationships are legally recognised under the Adult Interdependent Relationships Act (AIRA), which uses the term adult interdependent partners to refer to couples who are not married but live together and function as an economic and domestic unit. To be considered common-law partners, couples must meet certain criteria, such as living together for at least three years or having a child together. They can also enter into a formal Adult Interdependent Partner Agreement, which does not require three years of cohabitation. Common-law partners in Alberta enjoy similar rights to married couples, including the right to spousal support, property division, and inheritance. However, it can be complicated to navigate the legal rights and obligations associated with common-law relationships, and it is important for individuals to understand their entitlements and take steps to protect their assets.
| Characteristics | Values |
|---|---|
| Term | Common-law partners or adult interdependent partners |
| Legal recognition | Recognised under provincial law under the Adult Interdependent Relationships Act (AIRA) |
| Marriage status | Unmarried |
| Duration | Traditionally 3 years, but can be achieved sooner under certain scenarios |
| Relationship type | Conjugal, romantic, platonic, familial, etc. |
| Property division | Rules outlined by the Family Property Act |
| Separation | Getting married, signing an agreement, or a declaration of irreconcilability |
| Rights | Spousal support, property division, inheritance, etc. |
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What You'll Learn
Common law vs. marriage
In Alberta, the term "Adult Interdependent Partnership" is used instead of "common-law relationship". There are a few key differences between common-law relationships and marriages in Alberta. Firstly, to get married in Alberta, individuals must be at least 18, or have written consent from a legal guardian if they are between 16 and 18. On the other hand, adult interdependent partners must be at least 16. Secondly, to be legally married, a couple must obtain a marriage license and hold a legal ceremony, whereas adult interdependent partners simply need to meet specific criteria. These criteria include living together for three or more years, living together with some level of permanence, such as having a child together, or signing an adult interdependent partner agreement.
Another difference between common-law relationships and marriages in Alberta pertains to property division after separation. In most provinces, property division after separation is one area where common-law spouses and married spouses are treated differently. However, since January 1, 2020, changes to the law in Alberta ensure that individuals in an Adult Interdependent Partnership benefit from the same protection as married spouses when it comes to dividing assets after the breakdown of a relationship. Specifically, the Family Property Act allows adult interdependent partners to make a claim for property division within two years from the date the applicant knew the relationship had ended or should have known that it had ended. It is important to note that existing property division agreements that were enforceable under the law when they were signed will still be enforceable.
Additionally, when it comes to surnames, an adult interdependent partner cannot change their surname to that of their partner, unlike in a marriage. Lastly, while many legal rights and obligations overlap between the two types of relationships, a key difference is that being married often grants automatic recognition and protections under the law, whereas adult interdependent partners may need to provide proof of their relationship. For example, in the case of a separation, the dependent partner in a common-law relationship must first establish that they were, in fact, in a common-law relationship before they can claim financial support.
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Adult Interdependent Relationships Act
In Alberta, the term 'common-law' is no longer used in laws, and has been replaced by the term 'Adult Interdependent Relationships'. This change came into effect in June 2003 and is outlined in the Adult Interdependent Relationships Act (AIRA). The act defines an Adult Interdependent Partner as someone who has lived with another person in a relationship of interdependence.
The act applies to unmarried individuals in a relationship of interdependence, and defines who qualifies as an "adult interdependent partner". This could include a wide range of committed partnerships, such as romantic couples, close friends, and certain family members. To qualify as adult interdependent partners, two people must not be married, and their relationship must meet certain criteria. These criteria include the degree of exclusivity, the conduct and habits of the persons in respect of household activities and living arrangements, and the degree to which the persons hold themselves out to others as an economic and domestic unit.
To create an adult interdependent partnership, two people can sign an Adult Interdependent Partner Agreement. This agreement can be drafted with the help of a lawyer and does not require three years of cohabitation. It is important to note that adult interdependent partners are not considered married, and the relationship will not become a marriage in the legal sense, no matter how long the partners live together.
The Adult Interdependent Relationships Act has amended several other laws in Alberta, including the Insurance Act, the Assured Incomes for Severely Handicapped Act, and the Workers Compensation Act. These amendments allow adult interdependent partners to receive certain insurance benefits and provide benefits to partners in the event of death or victimisation of a crime. Additionally, starting on January 1, 2020, Alberta's Family Property Act will provide that property from a relationship be divided the same for married couples and adult interdependent partners. This includes unmarried partners who separate on or after January 1, 2020.
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Property division
In Alberta, common-law relationships are called adult interdependent relationships, governed by the Adult Interdependent Relationships Act (AIRA). A couple is considered common law or in an adult interdependent relationship if they meet at least one 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; or they have entered into an Adult Interdependent Partner agreement.
The Adult Interdependent Relationships Act considers minors, relatives, and platonic friends as interdependent relationships under the right circumstances. For instance, family members like siblings or parent-child pairs can qualify as long as they meet the criteria for cohabitation and interdependence.
In Alberta, the division of property upon separation is governed by the Family Property Act. This legislation outlines the principles and procedures for dividing assets and liabilities acquired during a relationship. The Family Property Act applies to both married and common-law couples. 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 anything considered family property will generally be divided equally between the parties, unless circumstances suggest that it would be unjust or inequitable to do so.
There are also property categories that are exempt from division, such as property acquired through an inheritance, assets owned by a spouse or AIP prior to the relationship, gifts from a third party received during the relationship, and certain types of insurance claims. These assets are generally considered the exclusive property of the individual who acquired them and are not subject to division. However, the increase in value of excluded assets is divisible property.
If common-law partners do not want to have their property divided as per the Family Property Act, they can enter into an agreement to specify how their property is to be divided after separation. This is known as 'opting out' and allows couples to divide property differently than the rules in the new legislation.
Consulting with a knowledgeable family lawyer can provide further guidance and assistance in navigating these issues and reaching a resolution that is fair in the specific circumstances.
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Adult Interdependent Partner agreement
In Alberta, a couple is considered common law or in an Adult Interdependent Relationship (AIR) if they meet at least one 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 (AIPA).
- They rely on each other for support, which can include sharing finances, household responsibilities, living arrangements, or caregiving duties.
The Adult Interdependent Relationships Act (AIRA) defines who qualifies as "adult interdependent partners" and considers minors, relatives, and platonic friends as interdependent relationships under the right circumstances. It is important to note that a relationship does not have to be romantic or conjugal in nature to qualify as an AIR.
An Adult Interdependent Partner Agreement is a legal agreement that formally recognizes a couple's relationship as an AIR. This option does not require three years of cohabitation, and a template for this agreement is available online. To create this agreement, the individuals must not be related by blood or adoption, and they must intend to live together.
The benefits of entering into an AIR include the ability to apply for spousal support and property division upon separation, as well as inheritance rights in the event of a partner's death. Starting on January 1, 2020, the Family Property Act allows adult interdependent partners to make a claim for property division within two years from the date the applicant knew or should have known that the relationship had ended.
If you are unsure whether you are considered an adult interdependent partner or how to end an AIR, it is recommended to consult a lawyer.
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Common law status
In Alberta, common-law relationships are legally recognised under the Adult Interdependent Relationships Act (AIRA), which uses the term 'adult interdependent partners' to refer to what is commonly known as 'common-law partners'.
To be considered an adult interdependent partner, at least one of the following conditions must be met:
- The couple has lived together in a relationship of interdependence for at least three years.
- The couple has lived together with some degree of permanence and has a child together.
- The couple has entered into an Adult Interdependent Partner agreement.
The Adult Interdependent Relationships Act considers minors, relatives and platonic friends as interdependent relationships under the right circumstances. For instance, two people who share a household and depend on each other for emotional and financial support, such as close friends or certain family members, can qualify as long as they meet the criteria for cohabitation and interdependence.
It is important to note that while a relationship does not have to be conjugal or romantic in nature to be considered common law, it is easier to prove if it is. Caretakers, for example, do not qualify as common-law partners because they are being compensated to live with their charge.
To prove common-law status, documentation such as utility bills, lease agreements, joint bank account statements, and affidavits from friends or family members confirming the nature of the relationship can be provided.
Common-law partners in Alberta enjoy similar rights to married couples, including spousal support, property division, and inheritance. However, unlike married spouses, common-law partners must meet specific criteria to be legally recognised and may need to prove their relationship status.
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Frequently asked questions
In Alberta, a common-law relationship is a couple that is not married but lives together and functions as an economic and domestic unit. These relationships are recognised under the Adult Interdependent Relationships Act (AIRA), which uses the term adult interdependent partners instead of "common-law partners".
The requirements for a common-law relationship in Alberta are that the couple has lived together in a relationship of interdependence for at least three years, or they have lived together with some degree of permanence and have a child together, or they have entered into an Adult Interdependent Partner agreement.
To prove a common-law relationship in Alberta, you can provide documentation such as utility bills, lease agreements, or joint bank account statements that demonstrate you have been living together in a relationship of interdependence. Affidavits from friends or family members confirming the nature of your relationship can also be helpful.
People in common-law relationships in Alberta enjoy similar rights to married couples, including spousal support, property division, and inheritance rights. Common-law partners can also opt out of the default property division rules and draft their own agreement.
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