Are you looking for help with common law in Alberta? More and more young people are choosing not to get married. Instead, they often choose to enter common-law relationships. Many people enter into common-law relationships in their 20s or 30s.

Couples who live together in a committed and marriage-like relationship for a certain period are considered to be in a common-law relationship. While not equal to marriage in the eyes of the law, common law relationships come with specific legal rights and responsibilities for the partners involved.

The partners must have lived together for three years to be recognized as an ordinary law couple in Alberta. However, this requirement can be reduced to one year if the couple has a child together or has entered into a written agreement outlining their commitment to a common-law relationship.

For common law disputes, it’s probably best to speak to a family law coach instead of a lawyer, as coaches are more affordable. Contact us if you want to speak to one. The goal is to get a legal opinion letter, followed by a signed separation agreement.

Family Law Act Alberta

Common law relationships in Alberta are governed by the Family Law Act, which outlines common law partners’ legal rights and obligations. Partners in a common law relationship are entitled to share in the value of any property acquired during the relationship. They are obligated to provide financial support to each other in case of separation.

Regarding dividing property, common law partners have an equal entitlement to assets and debts acquired during the relationship. However, property obtained before the relationship or received as a gift or inheritance is generally exempt from division.

In addition to property division, one partner may be required to provide spousal support to the other after separation. This payment is meant to assist with financial needs. It is determined based on factors such as the length of the relationship, the income of each partner, and their respective contributions during the relationship.

Cases of incapacity or death

It is important to note that common law relationships do not automatically give partners the right to make decisions on behalf of each other in cases of incapacity or death. Common law partners should have a written agreement outlining their wishes and intentions for important decisions such as health care and finances.

Although common-law relationships do not carry all the legal obligations and rights of marriage, they offer certain legal protections and entitlements under the Family Law Act. If you have questions regarding your legal rights and responsibilities in a common law relationship, seeking advice from a family law lawyer is recommended.

What rights do you have in a common-law relationship?

In a typical law relationship, you have legal rights and obligations under the Family Law Act. This includes the right to share in the value of any property acquired during the relationship, the commitment to provide financial support to each other in the event of separation, and the entitlement to spousal support.

Furthermore, common law partners have the right to make decisions together regarding their children. Still, they do not automatically have the authority to make decisions on behalf of each other in the event of incapacity or death.

To avoid potential conflicts and ensure that your wishes are respected, it is advisable to have a written agreement outlining your intentions for significant decisions. This way, you can protect your legal rights and obligations and ensure that you and your partner clearly understand each other’s expectations.

Common Law Relationships Is Complex

Common law is more complicated than marriage because no marriage or divorce exists. Instead, there are times when people enter a “marriage-like relationship” and when they go through a common-law separation.

Lawyers are often hired to create a cohabitation agreement. They will deal with child support or dividing property. They can explain your rights under the Matrimonial or Family Property Act.

We thought it best to start with a story about someone with a common law dispute in Alberta. The story comes straight from court documents and from the writing of the judge. This case was filed in 2021, and it involved someone named “Mitchell” and “Reykdal.” The dispute was heard in the Edmonton Court of Queen’s Bench of Alberta courthouse.

Mitchell (the woman) was in a relationship with Reykdal (“R”), but she didn’t know that R had a wife. R also had three kids with his wife.

Common law divorce in Alberta, Canada

Mitchell filed a “common law in Alberta” claim against R, saying he owed her money because they were together. Keep in mind that there is no such thing as a common-law divorce. It’s simply a claim under common-law laws. You can’t get divorced if you are not married.

The issue was whether they were together or Mitchell was “the side chick.” Since R already had a wife, could he also be common law? Mitchell (“M”) and R were together for almost two decades. The man rented properties for M to live in, and R was also married to his wife for three decades.

R made a lot of money working on oil rigs and doing maintenance. He was also often away from home, which made it easier for him to have both a girlfriend in Edmonton and a wife in Red Deer, Alberta.

Conjugal relationships

The judge had to decide whether M was dependent on R and whether they were in a common-law relationship. M went after some of the businesses and property R had received over their almost two-decade relationship. She felt entitled to some of it.

While the common-law lawsuit was going on, a judge ordered temporary support for M (paid by R) for $5K/month. The judge also said that M had to leave the house owed by R. The $5/month would have been enough for M to rent a place. M could keep the vehicle that R rented for her.

Somehow (it’s unclear why), the common law spousal support amount was increased to $10K/month, and R became insolvent on the money owed. Mitchell won the case.

Separation Alberta and Dividing Property

If you are going through a common law separation, you must hire a law firm to create a separation agreement.

Even if you must pay $2500 for a separation agreement, it’s usually worth it. It’s much cheaper than going to the family law court, which can cost around $20,000. The best part about signing an agreement with your partner is that you get to sign off on it. That means you are okay with the terms. If you go to court, the judge makes all the decisions.

The following is our definition of a common-law relationship: a common-law relationship is where a few people live together in a marriage-like relationship.

Please note that we did not include a period. For some reason, people think the amount of time spent together is the most important thing. If you live together for six months, you are common law. Some think it’s one year; others believe it’s three years. How you live together is far more critical.

Marriage In Alberta

There is no such thing as a common-law marriage. You are either married or not. When and if you were married, you would have received a marriage license and had a wedding. You may be in a common-law partnership if you do not have this.

If you need to find out if you are common law, it will not be done in a 15-30-minute free consultation. You will need to hire a law firm to investigate your and your partner’s details and provide a legal opinion letter. This normally is not very expensive. Contact a law firm to determine their costs for preparing a legal opinion letter.

In most provinces, you are automatically considered common law once you live together in a marriage-like relationship. This can mean having a child, sharing a bank account, sharing benefits, having one shopping bill, and living your life like a married couple would.

Conjugal Relationships in Alberta

Make sure you speak to a lawyer about child support, property division, or getting a cohabitation agreement done. Things like child support can make a big difference in your life. You need to know what your legal rights are.

Lawyers can assist you with:

1. Understand the adult interdependent relationship act
2. Creating an adult interdependent partner agreement
3. Providing legal advice for the Family Law Act
4. Creating a cohabitation agreement
5. Providing general legal advice
6. Explaining the Matrimonial Property Act
7. Helping you deal with child support
8. Helping you sort out property division
9. Understanding the Family Property Act
10. Creating a plan for dividing property

How Long Before It Happens?

This is the wrong question to ask. A general guideline is that it’s three years in Alberta, but that is not black and white. Again, it is far more complicated than how long you lived together in the same house. The date of separation will also have to be calculated, which can be very complex.

Can my spouse take half of our property in Alberta? Sometimes, they can, and other times, they cannot. You will have to calculate which properties were owned prior to the marriage-like relationship and figure out the increase in value since you acquired those properties.

Sometimes, half the increase in value is divided 50/50, and sometimes it can be 75/25. The best way to deal with this uncertainty is to draft a separation agreement. That means you can present your preferred terms to your partner.

Hire An Alberta Family Lawyer For:

• adult interdependent partner agreement
• spousal support
• figure out if you were legally married
• dividing property
• understanding the Family Property Act
• creating a cohabitation agreement
• dealing with child support

If you need help with common law in Alberta, don’t hesitate to contact a family lawyer to learn more. You can find one in our legal marketplace.