Common Law Separation
Related Details
The division of assets between adult interdependent partners who have separated on January 1, 2020 or later is governed by the Family Property Act.
If you are an adult independent partner and your relationship breaks down, you may have property that needs to be divided. This means determining what property you will keep, what property your partner will keep, how to address any unequal division of assets, and if any property is exempt from division.
You are generally entitled to one half of the property that was acquired during the period you lived together as adult interdependent partners, and one half of the increase in value of an asset brought into the cohabitation.
This may include bank accounts, pensions, houses, vehicles, and any other possessions. This also may include debts. However, sometimes exceptions apply and legal advice is important to ensure that all property is known and it is divided fairly.
There are also timelines for applying to divide property with your former partner.
Generally, you should consider seeking legal advice as soon as possible to ensure that these timelines have not expired and that the assets and debts remain traceable and available. Typically, you must take legal steps within two years of becoming a former adult interdependent partner (three years after separation).
If you were an adult interdependent partner and separated prior to January 1, 2020, there is no presumption of an equal split of property. Instead, division is determined by the principles of unjust enrichment or constructive trust.
If you are addressing these issues or have not yet but have joint property, your rights will depend on a variety of circumstances. We can assist by reviewing your matter with you and helping explore how to bring it to resolution.
This means that if you contributed to the value of the property (financially or indirectly through other efforts), you may advance a right to the property. Your rights will depend on a variety of circumstances that are explored though legal advice tailored to your particular situation.
Parents can include biological parents, adoptive parents, and those who stood in the place of a parent to the child. Guardians may be the child's parents, or other adults who have been appointed guardianship by court order.
The best interests and well-being of the child comes first. This means the child’s emotional, psychological, and physical safety.
When separating couples do not agree on the parenting plan, they may seek legal assistance in negotiating the parenting plan or obtaining a Parenting Order. This often includes two main components: parenting time (a schedule for both parents to follow), and decision-making (day-to-day and major decision-making powers and responsibilities). The parenting plan or order may include other conditions that are appropriate for your circumstances to ensure clarity for the parties and the well-being of the children.
If there has been a significant change in circumstances or the child's best interests, the parents may be able to apply to the Court to vary a previous Parenting Order.
Callioux Law can assist you with:
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Navigating a parenting plan with your former partner and providing advice on what is reasonable in your circumstances;
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Negotiating a parenting plan on your behalf based on what is important to you;
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When appropriate, making applications for parenting orders, especially when there are urgent concerns; and
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Representing your parenting interests in mediation and arbitration.
02. See Parental Decision Making
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Common Law Partners
In Alberta, rights may exist regarding support, parenting, and property between common law couples.
The legal term for a "common law" partner is adult interdependent partner. You are an adult interdependent partner if one of the following applies to you:
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You have lived with your partner in a relationship of interdependence for a continuous 3 year period;
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You have lived with your partner in a relationship of interdependence for a period of some permanence, and a have a child with your partner; or
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You have entered an agreement to declare yourself an adult interdependent partner.
If you have been separated from your partner for a period of one year, you have become a former adult interdependent partner.
The Family Property Act governs the division of property between adult interdependent partners and former adult interdependent partners.
The Family Law Act governs parenting, child support, and spousal support rights and responsibilities between adult interdependent partners.