Common Law Separation
The Canadian court system does not use the term “Common law”. The system uses the phrases Adult Interdependent Parties and recognizes property rights for cohabitating couples. People who are living together, but not married fall under these category which apply equally to both heterosexual and same-sex relationships. Historically, this area of law is complicated and highly discretionary. Because of this, people who are not married but living together are often unsure of their legal rights on separation. They may not know if they even have any rights when they separate. The law for common law couples relating to partner support is legislated under the Family Law Act. The law for common law couples property division is set out by principles established in prior court decisions. Some of the laws are similar to married couples. Other laws for are not.
What is considered a Common Law Relationship in Alberta
Each province in Canada has different rules for common law couples with regard to both support issues and property division.
In Alberta, cohabitating couples that meet specific requirements are legally referred to as “Adult Interdependent Partners” (AIP). The AIP classification applies to support issues only. In order to qualify for partner support, you need to be an AIP. You are considered an AIP after three years of living together. The three-year time period is reduced if you have a child together and have been in a relationship of interdependence.
When addressing the issue of property division for non-married couples, we do not use the AIP classification rather we complete a contribution-based assessment. In this assessment we review what each party contributed to the relationship and property and what compensation or property division, if any, should occur now that the relationship has ended.
Property Division for Common Law Separation \ Splitting up Property
If parties are married, an automatic entitlement exists for spouses to a share in the marital assets upon divorce. When parties co-habitate without being married, they do not have an automatic entitlement to assets of the relationship if it ends. With that said, the law in Alberta allows common law couples to make a claim for property acquired or increased in value during the relationship. Our family law team at Kahane Law Office has the experience necessary to assist individuals with their common law property division issues. Our family lawyers can help individuals with a common law separation to understanding their rights and entitlements when they separate Lean more on common law property division on separation here.
Support Following Common Law Separation
The Family Law Act of Alberta sets out when non-married couples can seek support from their former partner. As set out above, to seek partner support you need to be classified as an AIP. To seek child support the other partner must be a parent of a child or standing in place of a parent. Kahane Law Office understands the dynamics of support issues in common law relationships. We also understand the entitlements and obligations of spouses upon a common law separation. Call now for help if your common law relationship has broken down.
Settlement Negotiations for Common Law Couples
Common Law Separation can involve a great deal of negotiation. First, a sorting of assets must occurs. Further, children must be provided for. Child support obligations must be put in place. Often this process requires even more negotiation than with traditional marriage breakdown. Our family law lawyers at Kahane Law Office negotiate for you skillfully. If you are going through a common law separation, we can help you reach an agreed settlement through negotiation.
The Process of Common Law Separation
Consulting an experienced family lawyer when your common law relationship has broken down will help you understand the process and what to expect. Each separation is a little (and sometimes a lot) different and we respect that your situation is unique to you. Whether dividing assets of a common law relationship, or seeking support following a common law separation, we can help.
When to Hire a Lawyer for Common Law Separation
If you recognize that your common law relationship is breaking down, call us. It is better to get proper legal advice early in the process. This can save more expensive solutions to bigger problems if you make bad choices before seeking legal help. You can call at any step and retain us for a much or as little help as you require. You stay in control.
Hiring Our Lawyers for Your Common Law Separation
The family law team at Kahane Law Office understands the complexities of family law in Alberta for married, common law, and non-traditional couples. Let us help you understand your rights, and help you work toward a solution if your relationship has broken down.
To schedule a consultation with a member of our family law team to discuss your common law relationship, entitlements, and any obligations, please contact our experienced team at Kahane Law Office. You can reach us locally in Calgary at 403-225-8810 or toll-free at 1-877-225-8817, or email us directly here.