Common-Law Separation In Alberta: How It Works
As separation lawyers in Calgary, we understand that parties are often confused about their legal responsibilities upon the breakdown of a relationship, especially when the parties are not married but have been cohabitating.
Let’s look at the primary considerations when a common-law relationship breaks down in Alberta.
Common Law vs Adult Interdependent Relationships
As of January 1, 2020, couples in an adult interdependent relationship (common-law relationship) in Alberta have many of the same legal rights and obligations as married couples. While they are not legally married, Alberta’s family law system recognizes that couples who are living in an adult interdependent have legal obligations upon the breakdown of the relationship.
In Alberta, we use the term “adult interdependent relationship” in legal proceedings over “common law”. So, if your legal counsel refers to adult interdependent relationships, you know they are referring to common-law partners.
Qualifying as an Adult Interdependent Partner in Alberta
To be considered a partner in an adult interdependent relationship, parties must:
Have been living together in an relationship of interdependence for a continuous period of not less than 3(three) years; or
Have been living in a relationship of interdependence of some permanence if there is a child of the relationship, either by birth or adoption; or
If the parties have entered into an adult interdependent relationship agreement (which is a legal document signed by both parties)
There are a number of factors that are taken into consideration when determining whether two parties function as an economic and domestic unit. At Jones Divorce & Family Law, we are happy to discuss these factors with you to ensure that you are looking at the right principles and legislation as you navigate your separation.
Common Law Separation and Property in Alberta
When you start the process of common-law separation, you’ll need to consider similar legal obligations as those who are married, including 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. As such, we strongly encourage anyone getting married or choosing to live in a common-law relationship to enter into a Pre-nuptial or Cohabitation Agreement setting out how property will be divided in the event of a relationship breakdown.
Updates on Property Legislation in Alberta
As separation lawyers in Calgary, we understand that there can be some confusion over the Matrimonial Property Act, which is Alberta’s old property legislation and the Family Property Act, which came into force on January 1, 2020. In Alberta, if you separated after January 1, 2020, and are eligible to be considered as an adult interdependent relationship, the division of property will fall under the Family Property Act, which affords Adult Interdependent Partners similar rights as married parties, whereas this was not the case under the Matrimonial Property Act.
Each partner must exchange financial disclosure according to a Notice to Disclose Application to ensure all assets and debts are accurately disclosed, and then the parties can discuss the fair and equitable division of those assets and debts.
Getting Help When Going Through the Separation Process
Separation can be complicated, and you want to be prepared to protect your rights and interests. Seeking an experienced, professional separation lawyer in Calgary who understands Alberta’s property legislation is crucial. It will not only reduce the stress of dividing assets and debts but also provide you with the necessary support and guidance during this challenging time.
If you are going through a common-law separation and have any questions, don’t hesitate to contact Jones Divorce & Family Law. We specialize in the breakdown of relationships, including:
- Negotiations
- Mediation
- Arbitration
- Litigation
- Parenting coordination and more.
We’re here for you during what is often one of the most challenging times in your and your family’s life.
Frequently Asked Questions About Common Law Separation in Alberta
When am I legally “separated” from my common-law partner?
In Alberta, you’re considered legally separated when either you or your partner expresses a clear intention to end the relationship, and you begin living “separate and apart.” This doesn’t necessarily mean one of you has to move out—living under the same roof while leading separate lives can still count as separation as long as the relationship is over with no reasonable chance of reconciliation.
What are the grounds for divorce in Alberta?
In Alberta, divorce is based on a “breakdown of the marriage.” The most common way to prove this is by living apart for at least one year. However, you can also file for divorce sooner if there has been adultery or cruelty. If cruelty or adultery has been perpetrated against you, you may not have to wait a full year of separation prior to having a decree of divorce granted.
What are my rights after separating from my common-law partner in Alberta?
After a common-law separation, you may have rights to partner support, child custody, and child support, but the manner in which you divide property can depend on your date of separation and whether you fall under the old legislation, or the Family Property Act.
Parenting rights and responsibilities, however, are treated similarly to those in a marriage, ensuring the children’s best interests remain a priority.
Let us know if you have any questions or need personalized guidance during this difficult time—we’re here to help!
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
