Relationships can take many different forms. Partners may choose to avoid getting married or separately manage their own assets. However, that does not mean they are exempt from Alberta’s family property division regime. For common-law couples that meet certain criteria, they will be considered adult interdependent partners. The family property regime in Alberta will apply… Continue reading Common-Law Couples Subject to Family Property Division in Alberta
Category: Common Law
When is Partner Support Payable in A Common-Law Relationship?
Relationships can come in many different forms. In many common-law relationships, parties rely on each other for their finances and operate as an economic unit. In these situations, Alberta’s family law recognizes that a party may need to pay the other partner support after separation. This is to recognize that after the breakdown of a… Continue reading When is Partner Support Payable in A Common-Law Relationship?
When Are Common-Law Couples Considered Separated?
Relationships can vary widely; some couples may choose not to get married despite being in a marriage-like relationship. This decision is based on personal preference, but the legislation and the courts still recognize that certain rights can arise from a long-term relationship, even if the parties are not married. This is because the parties may… Continue reading When Are Common-Law Couples Considered Separated?
Dividing the Joint Family Venture for Common Law Spouses
Family units are unique and can involve different forms of relationships. Some partners may decide not to get married, despite living together for a long period. They are typically referred to as common law spouses, and in Alberta, unmarried cohabitating partners are referred to as “adult interdependent relationships.” However, an adult interdependent partner is not… Continue reading Dividing the Joint Family Venture for Common Law Spouses
When Are Parties In An Adult Interdependent Relationship?
A wide variety of relationships exist, but for the purposes of relationships with legal consequences, the law has recognized common law partnerships or “adult interdependent relationships,” as referred to in Alberta legislation. For some relationships, the Adult Interdependent Relationship Act (“AIRA”) may apply if the court finds an adult-interdependent relationship, allowing a party to apply… Continue reading When Are Parties In An Adult Interdependent Relationship?
Appeals Court Reverses Decision Finding a Married Man was in a Common-Law Relationship for Support Purposes
Last May, we wrote about a case, Mitchell v. Reykdal, in which a married Edmonton man had begun an extra-marital affair with a woman, commencing a 17-year relationship with her, while maintaining his marriage to his wife. He maintained separate households which, for the bulk of the time, were less than five kilometres from one… Continue reading Appeals Court Reverses Decision Finding a Married Man was in a Common-Law Relationship for Support Purposes