Cecily Zamora
Alberta has some of the most inclusive and comprehensive laws when it comes to common-law relationships, but this can also make it quite complicated. People in common law relationships in Alberta enjoy similar rights to married couples, but in the absence of a formal agreement, they must sometimes prove their status. A common-law union, relationship, or partnership can be confusing as there is no official document (like a marriage certificate) to prove the common-law partner status of a couple. This can be particularly challenging when applying for Permanent Residency as a sponsored common-law spouse, as sufficient proof of the relationship must be submitted to Citizenship and Immigration Canada. To be eligible for a statutory declaration of a common-law union in Alberta, you must be in a conjugal relationship with your partner for at least 12 consecutive months, living together, and have a relationship that is exclusive and monogamous. Additionally, you must be able to prove that you are in a genuine and committed relationship with your partner.
| Characteristics | Values |
|---|---|
| Relationship type | Common law |
| Region | Alberta |
| Minimum age | 16 years old with guardian consent, 18 years old otherwise |
| Minimum duration | 12 months |
| Requirements | Monogamous, conjugal relationship, living together |
| Rights | Similar to married couples, including spousal support, property division, inheritance, AISH benefit, insurance benefits, financial rights and obligations, dispute resolution, legal recourse |
| Proof of relationship | Joint bank accounts, joint ownership of property, joint bills, completed Statutory Declaration of Common-Law Union form (IMM 5409), police certificates, medical exams |
| Legal documents | Adult Interdependent Partner Agreement, wills |
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What You'll Learn
Common-law relationship requirements
In Alberta, a couple is considered to be in a common-law relationship when they meet at least 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.
- They have entered into an Adult Interdependent Partnership (AIP).
The term "common-law" is no longer used in Alberta's law system, with the Adult Interdependent Partner Act now referring to such couples as Adult Interdependent Partners. To be eligible for this status, individuals must be at least 16 years old (with written consent from a legal guardian if under 18), and they cannot have more than one Adult Interdependent Partner at a time.
To be eligible for a statutory declaration of a common-law union in Alberta, you must be in a conjugal relationship with your partner for at least 12 consecutive months, living together in an exclusive and monogamous relationship. You must also be able to prove that you are in a genuine and committed relationship, which can be done through various documents and evidence, such as proof of identity, joint bank accounts, joint ownership of property, or joint bills.
Common-law partners that qualify as Adult Interdependent Relationships are entitled to similar rights as married spouses, including spousal support, property division, and inheritance. However, it is important to note that dower rights only apply to married couples.
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Statutory declaration of a common-law union
A statutory declaration of a common-law union is a legal document that can establish your relationship status in Alberta. It is a written statement that declares you and your partner are in a committed relationship and have been living together for a certain period of time. To be eligible for a statutory declaration, you must be in a conjugal relationship with your partner, living together, and have a relationship that is exclusive and monogamous.
The statutory declaration process involves several steps. First, you must complete the Statutory Declaration of Common-Law Union form (IMM 5409). This form will ask for key information about your relationship, including your name, address, social insurance number, and how long you have been in a common-law relationship. It will also ask about any joint property ownership, joint bank accounts, or financial contributions you have made to each other. Additionally, you must provide certain documents and evidence to support your application, such as proof of your identity and proof of your relationship. These may include a passport or driver's license, joint bank accounts, joint ownership of property, or joint bills.
It is important to note that the required documents and evidence may vary depending on your specific situation. You may also choose to work with an immigration consultant or lawyer to help you navigate the application process and ensure that your declaration is accurate and complete. Once your form is complete, you will need to sign it in the presence of a notary public, commissioner of oaths, or other authorized individuals. Notarization and legal services are available in Alberta to help you with this step.
By completing a statutory declaration of a common-law union, you can declare your relationship and enjoy the legal benefits that come with it. In Alberta, a common-law relationship is defined as two people who live together in a conjugal relationship for at least three years, or who have lived together in a relationship of some permanence and have a child together. Common-law partners have legal rights and responsibilities similar to those of married couples, including financial rights and obligations, dispute resolution, and property rights.
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Common-law immigration benefits
In Alberta, a common-law relationship is defined as two people who live together in a conjugal relationship for at least three years or who have lived together in a relationship of some permanence and have a child together. To be eligible for a statutory declaration of a common-law union in Alberta, you must be in a conjugal relationship with your partner for at least 12 consecutive months, living together, and have a relationship that is exclusive and monogamous.
People in common-law relationships in Alberta enjoy similar rights to married couples, including financial rights and obligations, dispute resolution and legal recourse, and property rights and obligations.
If you are in a common-law partnership with a Canadian citizen or permanent resident, there are immigration benefits available to you. For example, if your partner is nominated for permanent residence in Alberta through the Alberta Advantage Immigration Program (AAIP), you may apply for permanent residence status together as a common-law couple.
To apply for immigration as a common-law couple, you will need to provide evidence of your relationship, such as a statutory declaration of common-law union, as well as other supporting documents, such as police certificates and medical exams. It is important to note that the required documents and evidence may vary depending on your specific situation.
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Common-law property rights
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP). Couples qualify as an AIP if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
AIP partners share similar rights to married couples regarding property, inheritance, and decision-making. For instance, under the Wills and Succession Act, an AIP is considered a dependent and has the right to the same inheritance as a spouse upon their partner's death.
However, it is important to note that dower rights only apply to married couples. Additionally, the property division rules for common-law couples have changed since the transition from the Matrimonial Property Act to the Family Property Act in 2020. Now, the Family Property Act covers property division for both married and common-law couples.
The division of property between common-law partners can be complex, and there is no one-size-fits-all rule. Generally, each partner keeps the property they brought into the relationship and some of what they acquired during it (gifts, inheritances, insurable payouts, or court awards). They typically get to keep the value of that property as of the date it was received. However, the increase in the value of property brought into the relationship may be divided unequally, while debt and property obtained as a couple are often split equally.
If you are seeking to understand your rights as a common-law partner in Alberta, it is advisable to consult a lawyer for specific guidance on your situation.
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Common-law separation
In Alberta, common-law separation is governed by the Family Property Act. This Act covers the issues that must be resolved when a common-law relationship breaks down. Couples in a common-law relationship in Canada have the same legal rights and obligations as a married couple.
When you start the process of common-law separation, you’ll need to consider legal obligations regarding the division of property, finances, partner support, child support, and parenting matters. The general premise in Alberta’s property legislation is that property is divided on an equal basis, subject to exemptions and several other potential factors.
The rights and responsibilities regarding the property of couples in common-law relationships in Alberta are determined by what is considered “fair” or “equitable”. This frequently creates confusion, but a divorce or common-law separation lawyer can assist you with managing expectations. In most cases, you will essentially have the same legal rights as a divorcing couple.
Under the Family Property Act, if you separated in Alberta after January 1, 2020, and pass the eligibility requirements for an adult interdependent relationship, the division of property law is the same as for a divorce. The property is treated the same as matrimonial property and is subject to equitable division rules. If you separated before then or your relationship does not meet the eligibility requirements, the common-law principles of Constructive Trust and Unjust Enrichment are used.
To be eligible for a statutory declaration of a common-law union in Alberta, you must be in a conjugal relationship with your partner for at least 12 consecutive months. You must also be living together and have a relationship that is exclusive and monogamous. Additionally, you must be able to prove that you are in a genuine and committed relationship with your partner.
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Frequently asked questions
A common-law relationship in Alberta is defined as two people who live together in a conjugal relationship for at least three years or who have lived together with some degree of permanence and have a child together.
Common-law partners in Alberta are entitled to spousal support, property division, and inheritance, similar to a married spouse. They also have financial rights and obligations, dispute resolution, and legal recourse.
To apply for a common-law union in Alberta, you must complete a statutory declaration of a common-law union. This legal document establishes your relationship status and requires you to meet certain eligibility criteria, such as living together for a minimum period of time and having a exclusive and monogamous relationship.
