Life can get by quite fast, which may affect your plans, such as having a formal wedding. You may be considering common-law marriage, recognised in Alberta under the Adult Interdependent Relationships Act. The key requirements for this relationship include having lived together for three or more years, living together with some permanence, or having signed a formal Adult Interdependent Partner Agreement. If you’ve met the first two conditions, you might consider signing the agreement to make the arrangement more formal. At this point, you may wonder, is there a point in common-law marriage in Alberta? The simplest answer is yes; the arrangement offers notable benefits, the top including:
A simple and flexible arrangement
Among the reasons you might have stayed together for a while, even had a child, without a formal wedding are the complexities involved. Formal marriages necessitate going through some legal or religious ceremonies, which you might either not have the time or finances needed to manage. Common-law relationships take all such concerns off the equation, allowing you to keep living together and still get the legal recognition that married couples get. It is a simple and informal arrangement that offers legal protection in situations like separation.
Insurance and health benefits
Dating or living with someone doesn’t entitle you to any benefits. However, common-law marriage is recognised as a legal relationship. This means many insurance policies and employers extend the benefits to adult independent partners. Therefore, considering this arrangement can help you or your partner access health coverage or even pensions in some cases. You realise such benefits without dealing with the complexities of formal marriage, making common-law marriage a worthy consideration.
Right to inherit
Just because you’ve been friends with someone doesn’t mean you get to keep their things when they die unless you are in their will. Per the common law in Alberta, you may inherit under the Wills and Succession Act if your partner dies without a will. This is provided that you meet the requirements of an adult interdependent partner. Such contribution makes it worth your consideration if engaging in formal marriage is challenging, but you want to inherit what a partner leaves behind when they die.
Rights to shared property
It isn’t uncommon for two people to come together and work as a unit to better improve their financial well-being. This may include holding a joint bank account, shared investments, or assets bought together. In formal marriages, when spouses separate, each partner is entitled to a share of the property. The same applies in common-law marriages, offering a safe and fair way to protect your wealth while living with a person you are not formally married.
Support rights
When a formal marriage ends (divorce), a partner can claim spousal or child support. This also applies in common-law marriage should the relationship end. You only have to demonstrate dependence on the partner during the relationship, much like in formal marriages.
Alberta’s laws offer protections to partners, but understanding the specifics can help you make the most of common-law marriages. If you’re considering it, it would be best to consult a lawyer to receive personalised advice on approaching common law and ensuring your rights are protected.