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Like a divorce, when a common law relationship ends there can be several questions that need to be addressed.
We at Capital City Law can assist you with all of these questions.
The laws of Alberta have set out that parties can be legally found to be “Adult Interdependent Partners” if certain criteria are met. The parties must have lived together in a relationship of interdependence for a period of at least three years, or for a lesser time period if the relationship was of some permanence and there is a child of the relationship. Alternatively, parties may enter into an agreement setting out that they are Adult Interdependent Partners.
It is important to note that parties do not need to be in a romantic relationship in order to be found to be Adult Interdependent Partners.
Parties who are living in common law relationships or are Adult Interdependent Partners typically do not require any formal order or agreement in order to end their relationship. It is up to the parties themselves to determine when the relationship has ended.
In some situations, parties may wish to put in writing an agreement that they may have reached regarding a separation, particularly when issues of property are involved. These agreements, often called “Separation Agreements” or “Minutes of Settlement”, can be of great assistance in ensuring that both parties are clear as to their rights and responsibilities following a separation, and can also be beneficial if it is necessary to establish in the future (in court, for example) that one party is not living up to the previously agreed upon terms.
Legal counsel can assist with this process, and the family lawyers at Capital City Law have the knowledge and experience necessary to ensure that your rights are protected.
While the laws and concepts involved in issues regarding children and support are largely similar in issues regarding children and support for parties who are not married as compared to parties who are married, the same does not hold true for issues regarding the division of property. For parties who were not married, the Family Law Act sets out how the courts address issues dealing with guardianship, parenting, child support and partner support.
There is no statute in Alberta dealing with the division of property, and there are no presumptions as to what, if any, share of the joint property each party may be entitled to. Instead, it is necessary to examine the contributions made by each party to the property and to the relationship.
This can be a difficult process, but the family lawyers at Capital City Law are available to answer your questions and provide you with the skills and experience you need in dealing with these issues.
A divorce can be one of the most stressful and confusing events in your life. For some, the issue may arise suddenly and require several vitally important decisions to be made in a short period of time. A person going through a divorce has rights, concerns and interests, and sometimes these are in conflict with the rights, concerns and interests of the other spouse.
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