Keith Mack
In Alberta, the term common-law marriage is no longer used in legal contexts. Instead, the province legally recognises adult interdependent relationships or adult interdependent partnerships (AIPs). These relationships are between two adults who live together like a married couple but without a marriage certificate. AIPs can be between family members or platonic partners and do not require sexual intimacy. To be legally recognised, AIPs must meet specific criteria, including cohabitation, shared financial responsibilities, joint property ownership, and emotional and physical support. The easiest way to prove an AIP is with a signed agreement, but other documentation, such as utility bills, lease agreements, and joint bank account statements, can also help establish the relationship. While AIPs have similar legal rights and protections as married couples, including property division, inheritance, and financial support, partners must first establish that their relationship qualifies under Alberta law.
| Characteristics | Values |
|---|---|
| Term used in Alberta | Adult Interdependent Relationship/Partnership (AIR/AIP) |
| Term used elsewhere | Common-law relationship |
| Legal recognition | Yes, under the Adult Interdependent Relationships Act (AIRA) |
| Requirements for recognition | Three or more years of cohabitation, a child together, or a signed Adult Interdependent Partner Agreement (AIPA) |
| Nature of relationship | Economic and domestic unit, can be sexual or platonic, romantic or non-romantic |
| Legal rights | Property division, inheritance, financial support, insurance, taxation benefits, spousal and child support |
| Legal termination | Mutual agreement, living apart for a year, marriage, or legal annulment |
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What You'll Learn
Alberta's recognition of common-law marriages
The Adult Interdependent Relationships Act (AIRA) outlines the criteria for these relationships, which include cohabitation for at least three continuous years, having a child together, or signing an Adult Interdependent Partner Agreement (AIPA). These partnerships can be between family members and do not need to be sexual or romantic.
Adult interdependent partners have similar rights and protections to married spouses, including property division, inheritance, and financial support. However, they must prove their relationship status to access these rights, whereas marriage grants automatic recognition.
To prove a common-law relationship in Alberta, documentation such as utility bills, lease agreements, and joint bank account statements can be used. Affidavits from friends or family members can also strengthen the case. The easiest way to prove this relationship status is with a signed Adult Interdependent Partner Agreement.
While there is no such thing as a "common-law divorce" in Alberta, adult interdependent relationships can be ended through separation, mutual agreement, living apart for a year, marriage, or legal annulment.
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Rights and responsibilities of common-law couples
In Alberta, common-law relationships are now referred to as "Adult Interdependent Partnerships" (AIP). These partnerships are distinct from traditional marriages but have a unique legal framework to prevent and solve legal complications.
Property Rights
Common-law couples in Alberta have rights to property division. When a common-law relationship ends, property is divided based on what is considered "fair" or "equitable". This is different from married couples, where property is typically divided equally. The Family Property Act, which replaced the Matrimonial Property Act in 2020, applies to both married couples and common-law couples in the province.
Inheritance Rights
Common-law couples in Alberta also have inheritance rights. Under the Wills and Succession Act, an AIP is considered a dependent and has the right to inherit from their partner's estate, similar to a spouse. However, dower rights only apply to married couples.
Financial Support
Financial support is another right of common-law couples in Alberta. This includes child support, which is determined based on guidelines considering the income of both partners and the number of children.
Parental Rights and Responsibilities
Both partners in a common-law relationship have parental responsibilities, irrespective of marital status. This includes matters related to custody, parenting time, and financial support for the children.
Support Upon Separation
Upon separation, common-law couples in Alberta may have rights to spousal support, also known as interdependent support.
It is important to note that to access these rights, the relationship must first meet the criteria to be considered a common-law or AIP relationship. This typically includes living together for three or more years or having some degree of permanence, such as having a child together.
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Differences between common-law and married couples
In Alberta, a common-law relationship is referred to as an Adult Interdependent Relationship (AIR) or Adult Interdependent Partnership (AIP). While common-law spouses are treated the same as married spouses under many laws, there are some differences between the two.
Formation and Dissolution
To enter into a marriage, a couple needs to apply and obtain a marriage license and go through a legal ceremony. In contrast, an AIR is formed when two adults live together continuously for at least three years or have some level of permanence, such as having a child together. An AIR is automatically dissolved if the couple separates for a minimum of one year or if one party enters into a new AIR or marriage.
Property Rights
Upon separation, married spouses have an automatic right to property division, while AIR couples do not. In an AIR, each party keeps what they own individually, and any joint property is split. However, it is important to note that since January 1, 2020, changes to the law in Alberta provide individuals in an AIP with the same protection as married spouses when dividing assets after the breakdown of a relationship.
Estate Rights
Married couples receive a dower interest in the home they live in when a spouse dies, while AIR couples do not have these dower rights. However, under the Wills and Succession Act, an AIP is considered a dependent and has the right to the same inheritance as a spouse upon the death of their partner.
Surname Change
An adult interdependent partner cannot change their surname to that of their partner, unlike in a marriage.
Age Requirements
To get married in Alberta, individuals must be at least 18 years old or have written consent from a legal guardian if they are between 16 and 18 years old. There is no mention of a minimum age requirement for entering into an AIR.
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Proving a common-law relationship
In Alberta, the term ""common law" is often used colloquially to describe couples that live together in a relationship resembling marriage but who are not legally married. However, under Alberta law, these relationships are formally recognised as "adult interdependent relationships". This distinction is crucial for partners seeking to understand their legal position and the rights and obligations that come with their relationship status.
To prove a common-law relationship in Alberta, you need to demonstrate that you meet the criteria outlined in the Adult Interdependent Relationships Act (AIRA). This can be done by showing evidence of cohabitation for at least three continuous years in a marriage-like relationship, having a child together (by birth or adoption), or signing an Adult Interdependent Partner Agreement (AIPA).
The easiest way to prove an 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 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, and a clause that makes the agreement void if the relationship ends.
Other common proof includes joint property ownership, shared bank accounts, life insurance policies listing each other as beneficiaries, and agreements outlining financial responsibilities. Personal testimonies from friends, family, or acquaintances can also provide supportive evidence of a common-law relationship. Written affidavits detailing the relationship’s nature, duration, and the mutual commitment observed by others can significantly strengthen a couple’s claim.
When assessing whether a relationship can be classified as adult interdependent, judges in Alberta will refer to the Adult Interdependent Relationships Act. The following criteria will be taken into account if there are disputes:
- Is the relationship exclusive?
- How does the couple handle living arrangements and household responsibilities?
- Does the couple present themselves to others as an economic and domestic unit?
- Has the couple entered an Adult Interdependent Partner Agreement?
- Have the partners made provisions for each other in their wills?
- Has the couple made financial contributions to each other for their well-being, such as using joint bank accounts or providing health benefits?
- Does the couple have, care for, and support any children?
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Ending a common-law relationship
In Alberta, common-law relationships are legally referred to as "adult interdependent relationships" or "adult interdependent partnerships" (AIP). These partnerships are distinct from traditional marriages and are defined by specific criteria, including cohabitation for at least three years, having a child together, or signing an adult interdependent partner agreement.
When ending an AIP in Alberta, it's important to understand the legal rights and obligations that are similar to those of married couples. Here are the key considerations when terminating a common-law relationship in Alberta:
Property Division
In the event of a separation, property division is a significant aspect to address. Personal property and gifts typically remain with the individual owner. The remaining property is divided fairly, taking into account each partner's situation and the type of property. This division may not necessarily result in an equal split but rather a distribution that is equitable.
Financial Support
Financial support is another important consideration. The dependent partner in a common-law relationship can claim financial support, similar to spousal support, upon the breakdown of the relationship.
Child Support and Parenting Matters
If there are children involved, child support becomes a crucial factor. Both parents are responsible for financially supporting their children, and this obligation continues even after the relationship ends. Additionally, parenting matters, including custody and access arrangements, need to be determined to ensure the well-being of the children.
Division of Finances
The division of finances is another key aspect of ending a common-law relationship in Alberta. This includes joint bank accounts, investments, and debts accumulated during the relationship. It is important to exchange financial disclosures to ensure that all assets and liabilities are accurately identified and addressed.
Cohabitation or Prenuptial Agreements
If a legally enforceable cohabitation or prenuptial agreement was established before the relationship breakdown, it will dictate how the common-law property is divided. These agreements often outline the terms of property division, financial support, and other relevant matters, taking precedence over the provisions of the Family Property Act.
Legal Annulment or Marriage
To officially end an AIP, legal steps must be taken. This can be done through a mutual agreement, living apart for a year, entering into a legal marriage, or obtaining a legal annulment. These steps provide a framework for formally concluding the common-law relationship.
It is always advisable to seek legal guidance when navigating the end of a common-law relationship in Alberta. Understanding your rights and obligations can help ensure a fair and comprehensive resolution to the partnership.
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Frequently asked questions
A common-law marriage refers to a couple that lives together in a marriage-like relationship without being legally married.
Alberta does not use the term "common-law marriage". Instead, it uses the term "adult interdependent relationship" or "adult interdependent partnership" (AIP) to describe a legally recognized relationship between unmarried couples.
To be considered an adult interdependent relationship in Alberta, a couple must meet at least one of the following criteria: they have lived together for three or more years; they have lived together with some level of permanence, such as having a child together; or they have signed an adult interdependent partner agreement.
Adult interdependent partners in Alberta have similar legal rights and responsibilities to married couples, including property division, inheritance, financial support, and decision-making. However, adult interdependent partners may need to provide proof of their relationship to access certain rights and protections.
