HTML Preview Cohabitation Agreement For Couples page number 1.
LIDDELL
LAW BARRISTERS & SOLICITORS
OFFICE
#320 CIRCLE SQUARE, 11808 ST. ALBERT TRAIL, EDMONTON, ALBERTA, T5L 4G4
TELEPHONE: 780-486-0926 FACSIMILE: 780-444-1393
BRANCH OFFICE: 5100 – 3
RD
STREET, BOYLE, ALBERTA, T0A 0M0, TELEPHONE: 780-689-5054
BRIAN R. LIDDELL GERALD R. POLACK, Q.C. (1946 – 2008)
RANA MUWAIS DICK W. MEINDERSMA (1947 - 2009)
REBECCA M. J. CUTHBERTSON HULST
JESSI RITCHIE
COHABITATION AGREEMENTS
In my practice I deal with many couples who have chosen to live together without being married.
Many people believe that if they have lived together long enough the law will consider their
relationship to be a “common-law marriage” and they will have the same rights and responsibilities
as a married couple.
When I first stated to practice law the answer was simple. If you were not married then, in the eyes
of the law, you were just good friends and the only special rights and responsibilities between you
related to the care and support of your children.
The laws in this area have changed dramatically in the past 30 years. Alberta now recognizes
common-law relationships as “adult interdependent partnerships”. Similarly, the federal
government recognizes common-law relationships under federal legislation including Canada
Pension, Canada Customs and Revenue and Employment Insurance legislation. Most insurers
(including health insurers, life insurers, automobile insurers) also recognize common-law
relationships. Common-law partners now have many of the rights and obligations that married
persons enjoy. The rights and obligations are still not identical to those of married persons. Some
of the rights and obligations that arise upon entering an adult interdependent partnership
relationship (common law spouse relationship) includes:
1. Distribution of property on death:
a. Part 3 of the Wills and Succession Act provides that where a person dies without a
Will, their surviving adult interdependent partner is entitled to a preferred share of
their estate;
b. Part 5 of the Wills and Succession Act provides that where a person dies without
leaving adequate provision for the proper maintenance and support of their adult
interdependent partner, (or dependent children or grandchildren), then a Court
may, upon application by such person, order such provision as the Court considers
adequate, be made out of the Estate;