Common Law Separation Alberta: Rights and Responsibilities for Unmarried Partners

What Is a Common Law Partnership (Adult Interdependent Partnership) in Alberta?

An AIP is a legally recognized relationship between two people who live together in a committed, marriage-like relationship. This relationship can be between romantic partners or non-romantic partners, such as close friends or relatives who choose to live together and share a household.

To qualify as an AIP, adult interdependent partners must meet one of the following criteria:

1. Cohabitation for at least three years: The couple must live together in a marriage-like relationship for a continuous period of at least three years.
2. Relationship of some permanence with a child: If the couple has a child together by birth or adoption, the requirement for a specific cohabitation period is waived, and the relationship can be considered an AIP if it is of some permanence.
3. Written Agreement: The partners can also enter into a written Adult Interdependent Partner Agreement, which establishes their relationship as an AIP without needing to meet the time or child criteria.

Both partners must be at least 18 years old to enter into an Adult Interdependent Partnership. However, individuals who are 16 or 17 years old can enter into an AIP with parental consent or a court order.

Rights and Responsibilities in an Adult Interdependent Partnership

Partners in an Adult Interdependent Partnership have many of the same legal rights and responsibilities as married couples. This includes:

• Property Division: Upon separation, partners may be entitled to an equitable division of property accumulated during the relationship.
• Spousal Support: Similar to spousal support in marriage, one partner may be required to provide financial support to the other after separation.
• Inheritance Rights: AIPs may have rights to inherit from each other’s estates if one partner dies without a will, or dies without having adequately provided for the surviving AIP in their will.
• Decision-Making Authority: Partners may have rights to make decisions on behalf of each other in matters of health care and finances, particularly if one partner is incapacitated.

Differences Between AIPs and Marriages

While AIPs share many similarities with marriages, there are key differences:

• No Formal Ceremony or Registration: Unlike marriages, which require a legal ceremony and registration, an Adult Interdependent Partnership is established through the couple’s actions, cohabitation, and possibly a written agreement.
• Financial Interdependence: Courts often consider the economic unity of the couple when determining the validity of an Adult Interdependent Partnership. AIPs typically share expenses, pool resources, and make joint financial decisions.

Steps to Take During a Common Law Separation

Steps to Protect Your Interests During a Common Law Separation in Alberta

When facing a common law separation in Alberta, it’s crucial to take appropriate steps to protect your interests.

1. Document the separation date: Doing this establishes the official end of the relationship, which is crucial for property division.
2. Create a separation agreement: This legal document outlines how you’ll handle various aspects of your separation, including property division, partner support, parenting plans and support (if applicable), and debt allocation. Begin by negotiating the terms of your separation. If disputes arise, consider mediation to resolve them amicably. If negotiations break down, legal proceedings may be necessary.
3. Review any existing agreements: You need to thoroughly check any cohabitation agreements or adult interdependent partner agreements. These documents might already outline separation terms.
4. Gather important financial documents such as bank statements, tax returns, and property records. Having these documents readily available will streamline negotiations and help ensure a fair division of assets.
5. Consult a separation lawyer: Our team at Driessen De Rudder Law Office can help you understand your rights as an independent partner and help you draft a comprehensive separation agreement. We are committed to providing personalized legal services that protect your interests and help you navigate this challenging time.

Commonly disputed assets include the family home, vehicles, and retirement savings. Business interests and investments can also be contentious. It’s important to note that inheritances and gifts from third parties are generally considered to be exempt from division.

The Family Property Act aims to ensure a fair division, considering such factors as each partner’s contributions to the relationship and any economic advantages or disadvantages arising from the union.

Partner Support

Partner support in common law separations is not automatically granted. Several factors are considered to determine if support is warranted:

• Length of the Relationship: The duration of cohabitation is a key factor in assessing support eligibility.
• Roles Played by Each Partner: The contributions of each partner, such as one partner taking on a primary caregiving role or sacrificing career opportunities to support the family, are crucial in determining support.
• Economic Disadvantages: Any financial disadvantages one partner faces as a result of the separation are also taken into account.

A significant consideration is the financial disparity between partners. If one partner has sacrificed career opportunities or earnings potential to support the family, this can influence the decision to award partner support. The age and health of both parties are also considered when determining support.

Support calculations often begin with the Spousal Support Advisory Guidelines. These guidelines provide a framework by considering factors like income disparities and the length of cohabitation to suggest appropriate support ranges. However, these guidelines are not binding, and the final decision will be tailored to the specific circumstances of each case.

Parenting Plan and Support

In common law separations, parenting plan decisions prioritize the best interests of the child. The focus is on factors such as:

• The child’s physical, emotional, and psychological safety and well-being.
• The child’s relationship with each parent and any siblings.
• The ability of each parent to meet the child’s needs.

Parenting arrangements can vary and may include sole custody, joint custody, or shared custody, depending on the family’s circumstances and the child’s needs. The specific schedule is tailored to support the child’s best interests.

Child support is determined according to the Federal Child Support Guidelines. These guidelines take into account:

• The income of the paying parent.
• The number of children requiring support.
• Additional expenses like healthcare, education, and extracurricular activities, which may be shared proportionally based on each parent’s income.

Common Challenges and How to Overcome Them

There are several challenges that often arise in common law separations.

• Emotional Impact: Common law separations can be emotionally challenging, often involving feelings of grief, anger, and uncertainty. It’s crucial to prioritize mental health during this time. Seeking support from friends, family, or a professional counsellor can be invaluable in dealing with these complex emotions.
• Financial Concerns: Financial issues frequently arise during separations, especially when transitioning from a shared household to separate living arrangements. Developing a detailed financial plan is essential. Consulting a financial advisor can help ensure stability during this period and provide guidance on budgeting and managing finances.
• Property Division: Unlike married couples, common law partners’ property rights in Alberta are not automatically protected. Property division can be a significant challenge. To avoid disputes, it’s essential to draft a cohabitation agreement at the start of or early in the relationship, clarifying property rights and responsibilities.
• Parenting Plan and Support: These issues can be particularly complex and emotionally charged. It’s important for parents to focus on the best interests of their children and consider mediation to reach amicable agreements. Mediation can help minimize conflict and reduce the emotional impact on children.

Navigating the legal aspects of a common law separation can be daunting. A skilled lawyer will make sure you understand your rights and obligations fully and help you navigate the family law system, ensuring fair outcomes in property division, support, and custody matters.