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Family Law Services
Ending a common law relationship can involve many of the same personal and financial concerns as the end of a marriage. Questions about property, support, parenting and financial obligations can quickly become complicated, especially when you are unsure which legal rights apply to your relationship.
Common Law Matters
In Alberta, what is commonly called a “common law” relationship is legally referred to as an adult interdependent relationship. Whether you qualify can affect your rights relating to property division, partner support and other family law matters.
Our lawyers can help you determine how Alberta law applies to your relationship, identify the issues that need to be addressed and develop a practical strategy for separation.
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Under Alberta law, two people may be considered adult interdependent partners when they live together in a relationship of interdependence and:
A relationship of interdependence generally involves sharing one another’s lives, being emotionally committed to one another and functioning as an economic and domestic unit.
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Since January 1, 2020, Alberta’s Family Property Act has applied property division rules to adult interdependent partners as well as married spouses. This means qualifying unmarried partners may have rights and obligations relating to the division of property when their relationship ends.
Property matters can involve the family home, investments, pensions, businesses, debts and assets brought into the relationship. Richmond Tymchuk Family Law LLP can help you understand what property may be divisible, what may receive different treatment, and what information you need to protect your financial interests.
There are also important deadlines. An adult interdependent partner generally has two years from the date they knew, or should have known, that the relationship ended to bring a property division claim.
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The end of an adult interdependent relationship may also raise questions about partner support. Alberta’s Family Law Act provides a framework for partner support claims involving qualifying unmarried partners.
Whether support is appropriate, and what that support might look like, depends on the circumstances of the relationship. Our lawyers can help you understand the factors relevant to your situation, review financial information and work toward an arrangement that addresses your rights and obligations.
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Your marital status does not determine your responsibilities as a parent. When unmarried parents separate, they may still need to make decisions about parenting time, decision-making responsibilities and child support.
These arrangements should reflect your children’s needs while giving parents as much clarity as possible about their ongoing responsibilities. Let us help you negotiate parenting arrangements, address child support and formalize agreed terms where appropriate.
Every relationship and separation is different. At Richmond Tymchuk Family Law LLP, we’re here to make sure you understand whether you qualify as an adult interdependent partner, address property, support and parenting concerns, and put clear arrangements in place for what comes next.
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Reach out to schedule a private consultation with one of our family lawyers. We understand the importance of timely guidance and will connect with you as soon as we can.
