Common law relationships, also known as adult interdependent partnerships in Alberta, can involve many of the same legal complexities as formal marriages. While common law partners may not have gone through a legal marriage ceremony, they often share property, raise children, and build lives together. When these relationships break down, it can be challenging to resolve issues regarding property division, spousal support, or decision-making responsibility.
Although in Alberta, we typically don’t use the word divorce in conjunction with the separation of a common law couple, you may still be entitled to certain rights and obligations. If you are in a common law relationship or an adult interdependent partnership and you wish to separate, you should be aware of your legal options.
At Verhaeghe Law, our experienced common law lawyers in Edmonton are here to help you navigate the legal aspects of your common law relationship and protect your rights. We can answer all your questions about what to expect during your separation. To schedule a consultation with our team, call us at (587) 410-2500 or contact us online today.
What is an Adult Interdependent Partnership?
In Alberta, the Adult Interdependent Relationships Act creates a relationship called the “adult interdependent partnership”, which replaces common law marriage or common law relationships.
An adult interdependent partnership does not have to have a conjugal element. It can take place between related individuals, such as siblings, a parent and an adult child, or between friends.
An adult interdependent partnership is limited to two people and you cannot be in more than one at a time. You can enter into an adult interdependent partnership by:
- Written agreement (this is the only way for individuals related by blood or adoption to enter into an adult interdependent partnership)
- Living together in a “relationship of interdependence” for at least three years, or
- Living together in a relationship of interdependence of “some permanence” and having a child together (by birth or adoption)
Whether or not a relationship qualifies as an adult interdependent partnership varies on a case-by-case basis. A romantic or sexual relationship is not necessary, but it may be one factor that indicates a relationship of interdependence in some circumstances.
How to Dissolve an Adult Interdependent Partnership in Edmonton
Either partner can choose to end an adult interdependent partnership. If you have a written Adult Interdependent Partner Agreement, the agreement generally ends when the relationship ends.
An adult interdependent relationship can be dissolved by:
- Written agreement between partners (this applies whether or not you entered into the partnership by written agreement)
- Living separate and apart from your partner for one year with the intention of ending the relationship
- Getting married (to each other or to another person)
- Entering into an Adult Interdependent Partner Agreement with another person (note that this is only effective if you are not a party to an existing Adult Interdependent Partner Agreement)
- A court making a declaration of irreconcilability.
How Can Verhaeghe Law’s Edmonton Common Law Lawyers Help?
At Verhaeghe Law, we understand the unique complexities of common law relationships. That’s why we’re committed to helping our clients navigate their legal rights and responsibilities. Whether you’re entering into a common law relationship or facing separation, our team of common law lawyers in Edmonton can provide the legal guidance you need. We can assist with:
- Cohabitation Agreements: A cohabitation agreement is a legal document that outlines each partner’s rights and responsibilities during the relationship and in the event of separation. This agreement can cover issues such as property ownership, spousal support, or financial contributions. Our lawyers can help you draft a comprehensive and legally viable cohabitation agreement that protects your interests.
- Separation Agreements: If your common law relationship comes to an end, a separation agreement can help you resolve any issues that arise. These might include disputes over property division, spousal support, or decision-making responsibility. Our legal team will work with you to negotiate a fair and equitable separation agreement that meets your needs. If you cannot come to an agreement, our lawyers are prepared to provide you with legal representation in court.
- Estate Planning for Common Law Partners: Because common law and adult interdependent partners do not have the same automatic rights as married couples, it is essential to engage in estate planning to protect your partner and assets. Our lawyers can assist with creating wills, powers of attorney, and other important documents to ensure your wishes are honoured and your loved ones are cared for.
Our legal team is committed to providing, personalized, client-focused services. Our common law lawyers in Edmonton have extensive experience handling all aspects of common law relationships, from cohabitation agreements and adult interdependent partnership agreements to separation and dispute resolution. We understand that every relationship is unique, and we tailor our approach to meet your needs.
Important Factors to Consider During Your Common Law Separation in Alberta
When you separate from your common law or adult interdependent partner, there are a variety of factors that you may need to consider. When you separate, you should think about:
- If you have children with your partner, you will need to decide on issues relating to the guardianship and parenting of the children as well as child support
- Whether you or your partner will claim spousal support from the other, depending on the circumstances of your relationship and your separation
- as of January 1, 2020, property division laws that apply to married couples apply to those in an adult interdependent partnership as well
- It may be a good idea to update your will. Power of attorney and any personal directives can be changed as soon as possible after you separate.
While you do not need a divorce, there are still many legal issues to consider when separating from your common law partner. Our legal professionals are here to help address your concerns.
Contact Our Edmonton Common Law Lawyers Today
If you are in a common law relationship and need legal advice or representation, contact Verhaeghe Law today to schedule a consultation with one of our experienced common law lawyers in Edmonton.
Whether you are planning for the future or dealing with the end of a relationship, we are here to help you protect your rights. You can call our Edmonton office at (587) 410-2500 to speak with our common law lawyers directly or contact us online.