We offer necessary legal guidance for ending common law relationships.
Ending a common law relationship in Alberta involves understanding the specific legal framework for adult interdependent partners. This may include navigating the division of jointly acquired property and addressing potential claims for partner support. Our team provides clear and experienced guidance to help you understand your rights and obligations during this transition, focusing on a fair and respectful resolution for your future.
Common law separation occurs when partners in an adult interdependent relationship in Alberta decide to live separate and apart, demonstrating a clear intention to no longer function as a couple.
Our firm provides clear legal guidance for your common law separation in Alberta. We offer:
A key consideration in common law separation in Alberta revolves around establishing whether a relationship meets the legal definition of an adult interdependent relationship.
Unlike marriage, where the legal status is clear, common law status requires meeting specific criteria related to cohabitation, emotional commitment, and functioning as an economic and domestic unit.
This determination is crucial as it impacts rights to property division and partner support. Furthermore, while married couples have specific legislative frameworks for property division, common law partners often rely on equitable principles, which can sometimes lead to more complex legal arguments and the need for clear evidence of contributions to assets.
In Alberta, a common law relationship, legally termed an Adult Indterdependent Relationship, can be established if you’ve lived with someone in a relationship of interdependence for at least three continuous years. It can also be less than three years if you have a child together and a sense of permanence, or if you’ve entered into a formal Adult Interdependent Relationship agreement.
Unlike married spouses, there isn’t an automatic 50/50 division of property for common law partners in Alberta. Property division upon common law separation is based on legal principles of equity and unjust enrichment.
Yes, if you were in an Adult Interdependent Relationship in Alberta, you may be entitled to claim partner support (similar to spousal support) from your former partner, or you may be obligated to pay it. The court considers factors such as the length of the relationship, the roles each partner played, and any economic advantages or disadvantages that arose from the relationship.
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