Common Law Alberta: Everything You Need to Know

According to Statistics Canada, the “number of marriages registered in2020was one-third lower (-33%) than in2019(146,121). This was the largest annual decline observed since the vital statistics data on marriages were first compiled in1921.”

Certainly, the pandemic had a significant effect on the decline. Yet the same report from Statistics Canada states that “the share of all co-residing couples that were living in common law, as opposed to being married, has steadily increased over time, from 6% in 1981 to 23% in 2021.”

There are many different reasons why people are choosing cohabitation instead of marriage: for many, it is a step towards getting married, while for others, the reasons are financial, religious, or philosophical.

Whatever the reason, legal issues regarding common law relationships may be more complicated than for a married couple – particularly if the relationship ends.

What exactly is common law in Alberta?

While the term “common law” is still frequently used, the legal description of a relationship between an unmarried couple is “adult interdependent relationship (AIR).” The relationship can be sexual or platonic, but the expectation is that the individuals in the relationship are emotionally committed and share each other’s lives, including some level of financial and domestic responsibilities. By definition, interdependent means being mutually dependent.

When are you considered to be in a common law relationship?

In order to have a legal adult interdependent relationship (common law), it must first be shown that you and your partner are in a “relationship of interdependence.” Factors that can help make that determination include: having a conjugal relationship, degree of exclusivity, contributions made to each other’s well-being, degree of financial interdependence and more. If that can be shown, then you need to establish that you are “Adult Interdependent Partners (AIPs),” which can be done by demonstrating you fall into at least one of these categories:

• Have permanence in the relationship, such as having a child together (by birth or adoption)
• Have lived together for three or more years
• Have signed an adult interdependent relationship agreement

An adult interdependent relationship agreement is governed by Alberta Regulation 66/2011, which provides a formal adult interdependent relationship agreement that you and your partner can sign. The regulation states that by entering into this agreement, both you and your partner attest that: “We understand that by entering into this agreement we will become each other’s adult interdependent partner and will have all the benefits and obligations of adult interdependent partners under Alberta law.

Any individual under the age of 18 (and at least 16 years old) wishing to enter into an AIR must have the signed consent of a parent or guardian.

What are the legal differences between marital and common-law relationships?

There are both differences and similarities between marriage and adult interdependent relationships:

• Age of an individual: In both cases, either individual must be at least 18 years old or 16 with the written consent of the parent(s) or guardian(s)
• Entry into a relationship: An AIR cannot be entered into under duress or by fraud; a marriage is voluntary. To become married, a couple must get a license and have a legal ceremony (religious or civil), whereas AIPs only need to meet requirements of permanence, a minimum of three years of cohabitation, and a signed AIR agreement.
• Prior status: Partners in an AIR cannot be in another AIR relationship or currently married; a marriage cannot be entered into if either party is still married to someone else
• Relations: AIPs who are at least 18 years of age can be related to each other by blood or adoption; married couples cannot be closely related
• Financial obligations upon dissolution of adult interdependent relationships and marriage: Similar between partners with an AIR agreement and a married couple; in both cases, there may be an obligation to support a partner and a definite obligation for child support
• Name changes: Unlike a married person, a person in an AIR cannot automatically assume their partner’s surname

Do you need proof of a common-law status?

In order to protect your rights as an AIP, it is necessary to have proof of your common-law relationship. Typically, this includes:

• An original copy of your completed, signed and witnessed AIR agreement. (Each partner should have their own copy and keep it in a safe place)
• Copies of joint rental or lease agreements
• Documentation proving shared property ownership
• Driver’s license or similar showing that you and your partner live at the same address
• Joint account statements
• Joint utility bills
• Wills with provisions made for a partner

Moreover, the law looks at how partners in an AIR present themselves. For instance, are they in an exclusive relationship; do they share financial and domestic responsibilities; do they have, raise and support children together?

(It should also be noted that cohabitation does not immediately confer adult interdependent relationship status.)

What are the rights of common-law partners in Alberta?

The Family Property Act, revised in November 2022, now means that the rights and responsibilities of partners in adult interdependent relationships have near parity with those of married couples, including division of property should the relationship come to an end. For example, a partner who entered into an adult interdependence relationship agreement can retain the property she or he owned prior to the agreement, and property acquired while in the relationship is divided (though perhaps not 50/50). Property and, yes, debt are split equitably. This mirrors the division of property for a divorcing couple.e

If AIPs have children, they are also required to provide financial support to their children, as would a married couple. If AIR partners lived together for three years or more and the relationship ends, a partner has the right to apply for “spousal” support, similar to what a divorced individual may do.

In the case of the death of a partner, the surviving AIP has the same inheritance rights as a spouse would. However, only the surviving spouse in a marriage is entitled to dower rights.

Defending the rights of common-law couples in Alberta

The legal team at Chadi & Ibrahim offers skilled legal counsel and caring, supportive advocacy to those in adult interdependent relationships throughout Alberta. While the laws now do more to protect common-law partners, there are still challenges unique to non-married couples. We are here to answer your questions and meet your needs, whether you need assistance in completing an agreement that is mutually acceptable to you and your partner or help in the dissolution of your relationship.

To learn more about how we can help you, please contact us online or call us at (780) 429-2300 to book a free online consultation.