How is a common law relationship defined in Alberta Laws?
The
term living "common-law” is often used in everyday language to describe
a couple that lives together, with or without children, but is not
married. Alberta law used to make some allowance in certain situations
for people in such relationships to be treated as if they were married.
For example, under the Domestic Relations Act a person
from a common law relationship could apply for spousal support when
the relationship ended, provided the relationship had lasted at
least three years, or there had been a shared child.
The term living "common-law” is no longer used in Alberta laws. The
law with regard to common law relationships in Alberta has now been
changed with the introduction of the concept of adult interdependent
relationships. The new law is set out in the Adult Interdependent
Relationships Act and has applied in Alberta since June 2003. The term living "common-law" is, however, still used in Canadian laws. For example, in order to call yourself "common-law" for income tax purposes, there is a time requirement of only 1 year (as opposed to 3).
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
June 2003
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