Keith Mack
In Alberta, common-law relationships are legally recognised as adult interdependent relationships or partnerships (AIP) under the Adult Interdependent Relationships Act (AIRA). To prove a common-law relationship in Alberta, one must demonstrate cohabitation for at least three continuous years, having a child together, or signing an Adult Interdependent Partner Agreement (AIPA). While common-law relationships do not have the same legal rights and obligations as a marriage, they share many similarities, including property division rules, inheritance, and decision-making.
| Characteristics | Values |
|---|---|
| Term | "Adult Interdependent Relationship" or "Adult Interdependent Partnership" (AIP) |
| Applicable Law | Adult Interdependent Relationships Act (AIRA) |
| Duration | Three years or more |
| Nature of Relationship | Marriage-like, conjugal, romantic, or economic and domestic unit |
| Children | At least one child together (by birth or adoption) |
| Documentation | Adult Interdependent Partner Agreement (AIPA), shared finances (joint bank accounts, mortgages, utility bills), and proof of shared living arrangements (lease agreements, property ownership documents) |
| Rights | Spousal support, property division, inheritance, and decision-making |
| Termination | Marriage, signing an agreement, or declarations of irreconcilability |
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What You'll Learn
Cohabitation for at least three years
In Alberta, a couple is considered to be in a common-law relationship if they have cohabited for at least three years. This is also known as an Adult Interdependent Relationship (AIR) or Adult Interdependent Partnership (AIP), as outlined in the 2003 Adult Interdependent Relationships Act (AIRA).
To prove cohabitation, you must demonstrate that you and your partner have lived together for at least three continuous years in a marriage-like or conjugal relationship. This means functioning as an economic and domestic unit, with shared finances and living arrangements. Supporting evidence typically includes documents showing joint finances, such as bank accounts, mortgages, or utility bills, as well as proof of shared living arrangements like lease agreements or property ownership documents.
It's important to note that the three-year requirement is the traditional standard, and there may be scenarios where common-law status can be achieved sooner. For example, if you have a child together or sign an Adult Interdependent Partner Agreement (AIPA), you can establish a common-law relationship sooner than three years.
Common-law relationships in Alberta carry similar rights and responsibilities to married couples, including property division, inheritance, and decision-making. However, it's important to be aware that common-law partners may need to prove their relationship status to access certain rights, especially in the event of a separation or the death of a partner.
If you're unsure about your relationship status or how to protect your rights, it's recommended to consult a family law lawyer for specific advice.
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Having a child together
In Alberta, common-law relationships are legally referred to as "adult interdependent relationships". The Adult Interdependent Relationships Act (AIRA) outlines the criteria for proving such a relationship, which can be achieved through two pathways: cohabitation or a formal agreement.
Cohabitation
To prove common-law status through cohabitation, partners must have lived together in a "relationship of interdependence" for at least three consecutive years. However, if a couple has a child together, either by birth or adoption, the duration of cohabitation is not a requirement. This is because having a child together is considered a relationship of permanence, which is one of the factors in establishing an interdependent relationship.
Formal Agreement
The second way to prove a common-law relationship in Alberta is by signing an Adult Interdependent Partner Agreement (AIPA). This is a legal document signed by both parties, stating their agreement to be in an adult interdependent relationship. It should include declarations that both partners are 16 years old or older, unmarried, have not signed another Adult Interdependent Agreement, and are living together or intend to live together in a relationship of interdependence.
Supporting Evidence
While having a child together is a strong indicator of a common-law relationship, additional supporting evidence can further strengthen your claim. This includes documentation showing shared ownership of residential property, shared finances such as joint bank accounts or utility bills, and proof of shared living arrangements like lease agreements. Testimonies from family or friends, joint insurance policies, and records of shared responsibilities, such as childcare or household duties, can also be beneficial.
It is important to note that while the presence of a child together is a significant factor, it is not the sole requirement for proving a common-law relationship in Alberta. The overall assessment considers various aspects of the relationship to determine if it meets the criteria of an adult interdependent relationship.
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Signing an Adult Interdependent Partner Agreement
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP) under the Adult Interdependent Relationships Act (AIRA).
An Adult Interdependent Partner Agreement (AIPA) is a written agreement between two partners outlining their rights and obligations as AIPs. It is one of the three ways to prove a common-law relationship in Alberta, the other two being cohabitation for at least three continuous years or having a child together.
The AIPA must follow a specific format and include certain statements and information to be valid. It must be signed by both parties and by two witnesses. The agreement can significantly affect both parties' rights and obligations, so it is recommended to seek legal assistance when preparing the agreement.
- 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 due to health deterioration.
- Financial rights: AIPs are entitled to financial support from their partner, especially in cases of separation or upon the partner's death.
- Property division: AIPs do not have the same automatic rights to property division as married couples. However, Alberta's legal framework provides for a fair distribution of assets and debts accrued during the relationship, recognising the economic and emotional contributions of both partners. Property division can also be regulated by a written agreement between the partners.
- Insurance coverage: AIPs are eligible for insurance coverage currently available to spouses, such as life, auto, and property insurance.
- Healthcare coverage: Both partners and their dependents can register for coverage under the Alberta Health Care Insurance Plan.
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Property division rules
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act.
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 the course of a marriage or common-law relationship.
The Family Property Act allows adult interdependent partners to make a claim for property division within 2 years from the date the applicant knew the relationship had ended or should have reasonably known that it had ended.
Under the Family Property Act, parties in a marriage or adult interdependent partnership can enter into agreements that determine how their property will be divided in the event of divorce or separation. These agreements, often referred to as prenuptial agreements or cohabitation agreements, allow individuals to outline their own terms for property division rather than relying on the default rules set out in the Act.
To be legally enforceable, these agreements must meet certain requirements, including being in writing, with both parties acknowledging the nature and effect of the agreement separately, and each party obtaining independent legal advice.
In some cases, a court may order an unequal division of family property based on factors such as the length of the relationship and the contributions made by each party to the acquisition of assets.
Property eligible for division includes real or personal property owned by one or both parties, as well as property in which a party has an interest or benefit. This can include land, buildings, business interests, bank accounts, pensions, and moveable goods.
It is important to note that the property division rules do not apply retroactively to property obtained before the beginning of the relationship of interdependence. However, if parties do not draft their own agreement, the rules will apply to property obtained after the start of the relationship.
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Rights and responsibilities
In terms of property, common law relationships in Alberta do not require equal division of assets, as in a marriage. Instead, property division is guided by the principle of fairness, which may not always result in a 50/50 split. Each partner generally keeps what they brought into the relationship, unless the property increased in value—in which case, the increase may be subject to division.
To prove common law status in Alberta, individuals must demonstrate that they meet the criteria outlined in the Adult Interdependent Relationships Act (AIRA). This includes showing that they have lived together for three or more years or that they live together with some level of permanence, such as having a child together.
It is important to note that a relationship does not need to be sexual to be considered adult interdependent. However, it may be more challenging to prove if others do not perceive the individuals as partners. In such cases, it is crucial to gather evidence that demonstrates the nature of the relationship, such as utility bills, lease agreements, or joint bank account statements. Affidavits from friends or family members can also strengthen the case.
To protect their rights, partners in a common law relationship should consider drafting cohabitation agreements and wills. These documents can clearly define their wishes regarding property, financial support, and healthcare decisions. Seeking legal advice can provide clarity and ensure that both partners' rights and obligations are addressed appropriately.
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Frequently asked questions
In Alberta, a common-law relationship is a couple that lives together and functions as an economic and domestic unit without being legally married. These relationships are also called Adult Interdependent Relationships (AIRs) or Adult Interdependent Partnerships (AIPs).
To be considered a common-law relationship in Alberta, a couple must meet at least one of the following criteria: they have lived together for at least three years, they live together with some permanence and have a child together, or they have signed an Adult Interdependent Partner Agreement.
To prove a common-law relationship in Alberta, you must demonstrate that you meet the criteria outlined in the Adult Interdependent Relationships Act (AIRA). This can include providing evidence of cohabitation for at least three years, having a child together, or signing an Adult Interdependent Partner Agreement. Supporting documents may include those showing shared finances and living arrangements, such as joint bank accounts, mortgages, utility bills, lease agreements, and property ownership documents.
Common-law relationships in Alberta have similar rights and responsibilities to married couples, including property division, inheritance, and decision-making. However, unlike married spouses who are automatically recognised under the law, common-law partners must prove their relationship status. Common-law partners can claim spousal support and have inheritance rights, but they must establish their relationship under Alberta law.
