Alberta > Adult Interdependent Relationships:Are there still common law rights now that there is an Adult Interdependent Relationships Act?The law with regard to common law rights in Alberta is not entirely clear at the present time. The Supreme Court of Canada has said that laws that discriminate against those living in common law relationships as compared to those who are married may be invalid. The term "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 Family Law Act and other acts were amended to add the words "adult interdependent relationship" instead of common law. However, only certain acts have been amended. There are therefore a number of questions that might arise as to the status of some relationships. The Adult Interdependent Relationships Act generally requires a continuous relationship of at least three years or an adult interdependent partner agreement. If a couple has been together for two years and they do not have a child by birth or adoption, they will not be considered to be an adult interdependent relationship. When considering common law rights the courts have required that people show that a relationship has some degree of permanence. It remains to be seen if challenges will be raised to the law in court and how the courts will approach those challenges. For example, what are the rights, if any, in child-less common law relationships that are less than three years. With regard to laws that have not been amended to take into account the Adult Interdependent Relationships Act, it also remains to be seen as to how the courts will apply the law to common law relationships. It should also be noted that the Adult Interdependent Relationships Act is an Alberta law. Many cases are gradually coming before the Supreme Court of Canada dealing with the rights of same sex couples, which may make it necessary to further alter Alberta law. 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).
July 2003 |
|
