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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).
June 2003
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