A common law relationship, often called an adult interdependent relationship, refers to a partnership between two individuals who live together in a conjugal arrangement but are not legally married.

According to the Adult Interdependent Relationships Act, partners are considered in a common law relationship as adult interdependent partners after they have cohabited for a continuous period of at least three years or have a child and are in a relationship of some permanence. Common law relationships typically involve sharing living expenses, household responsibilities between adult interdependent partners, and sometimes raising children together.

Proving you’re in a common law relationship of interdependence is essential to benefit from the provisions of the Act. To prove you’ve been in a relationship for over three years, you can provide evidence like shared lease or mortgage documents, joint bank accounts, shared utility bills, identification documents listing a common address, and affidavits from friends and family acknowledging your relationship. It’s also important to show that you and your partner are publicly a couple.

Yes, common law partners in Alberta can seek spousal support upon separation under the Alberta Family Law Act. The Act provides guidelines for evaluating claims based on relationship length, financial disparities, and partner roles.

Demonstrating a financial need and dependency due to the relationship is crucial, yet establishing entitlement and calculating support amounts can be particularly complex for common law partners compared to married individuals. This is because the necessity of substantiating the relationship’s nature, cohabitation duration, and financial interdependence is greater for common-law partners than for married individuals.

Due to these complexities, it may be best to consult a family law lawyer specializing in common law to effectively address these challenges and ensure an equitable spousal support arrangement.

Given the intricacies involved in common law separation, seeking legal advice from family law lawyers who are experts in common law is highly recommended throughout the separation process. As knowledgeable and experienced common law lawyers, we can offer invaluable guidance, from identifying the relationship’s legal status to negotiating and drafting the separation agreement, ensuring that the terms are fair, equitable, and comply with Alberta’s legal standards.

At DLegal, our common law separation lawyers provide sound advice on Alberta family law, with years of experience dealing with the legal complexities of common law relationships and separation. From our initial conversations to the successful, swift, and seamless conclusion of your separation, we will guide you every step of the way with the sensitivity and compassion you deserve. There’s no drama here, just caring allies during this difficult time in your life.