Common Law in Alberta: What is an Adult Interdependent Relationship?
Couples in an Adult Interdependent Relationship are those living together and share many aspects of life but are unmarried.
You may have heard of this arrangement as “common law.” Here in Alberta, that term is no longer used in matters of the law. In 2003, the Adult Interdependent Relationships Act was passed. Adult Interdependent Relationship is the title we now use in matters of cohabitating dependents.
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COMMON LAW QUESTIONS AND ANSWERS
Adult Interdependent Relationships are typical, especially when more and more couples are opting to forgo a traditional wedding to save up for other goals. Many unmarried couples still achieve the same milestones as their married counterparts: house, kids, career advancement.
After a couple is together for a specific amount of time, in the eyes of the law, they still have certain rights and obligations towards one another.
Adult Interdependent Relationships can become complicated. Similar to cases of divorce, decisions regarding child custody, property, and finances still need to be sorted out.
Our trusted Calgary family lawyers are here to help you understand your rights within an Adult Interdependent Relationships.
What’s the difference between common law and interdependent partners?
Although we no longer use “common law” here in Alberta, the term is still used by other governments. When filing your annual income tax, for example, you would be considered “common law” after only one year of living together.
However, when it comes to interdependent partners, there are stricter requirements set forth by the Province.
An Adult Interdependent Relationship can exist in three situations:
- Two people have signed an Adult Interdependent Partner Agreement. If two people are related by blood or adoption, they must sign this agreement to be considered adult interdependent partners.
- Two people have lived together in a relationship of interdependence for three years or more.
- Two people live together in a relationship of interdependence and have a child together, by birth or adoption.
Family Property Act
As these relationships become more and more common, the law continues to evolve to protect the rights of interdependent partners.
In 2020, significant changes were made to the Matrimonial Property Act. Now known as the Family Property Act, the amended act makes it easier for unmarried couples to divide property in the event they choose to end their relationship.
My partner and I are unmarried, what are my rights?
This is a question we often hear at our Calgary law firm. When facing a separation, unmarried couples are often unsure about what their rights and entitlements are.
In many cases, legal principles behind a traditional divorce would still apply. Many unmarried couples share children and homes. They may have also helped each other professionally during their relationship. Regardless of not having a marriage certificate, these couples still have legal obligations to one another.
If you have any questions regarding your separation, do not hesitate to reach out. Our skilled Calgary family lawyers are here to help you during this challenging time.
Questions about Common Law? Osuji & Smith Lawyers can help
If you have any questions regarding your separation, do not hesitate to reach out. Our skilled Calgary family lawyers are here to help you during this challenging time.
Do not wait to schedule an appointment with us. Call us at 403-283-8018 or fill out the online contact form for more details.
Calgary Family Lawyers: We Speak Your Language
As the 2019 Hope Awards recipient, Osuji & Smith Lawyers have been recognized for their significant contributions in the lives of children, youth and families, and in our communities.
We’ve worked with many couples that identify as common law since our firm’s founding in 1980.
We speak English, Igbo, Mandarin, Cantonese, Bengali, Spanish, Japanese, Korean, French, Hindu, Punjabi, and Urdu.
COMMON LAW QUESTIONS AND ANSWERS
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Osuji & Smith Lawyers is known for its friendly team of legal professionals. We are client-focused and also driven to produce practical results for you.For years, our clients have trusted our experience and skill in solving their legal matters. Our skill is based on knowledge of the law and our ability to interpret it depending upon the facts of each case. Our dedicated team of lawyers is constantly striving to find unique resolutions for your complex issues. Our office is conveniently located in Kensington close to downtown Calgary, Alberta. For easy access, we also have free parking available for our clients.
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