Edmonton, Alberta’s provincial capital, is not only known for its vibrant culture and festivals but also for its progressiveness in legal matters. One such area of law that has seen an evolution in Edmonton, and throughout Alberta, is the concept of Adult Interdependent Relationships. Recognized under the Alberta Adult Interdependent Relationships Act (AIPRA), this legal arrangement has significant implications for property rights and division. Ulasi Law Group, one of Edmonton’s leading family law firms, offers expert advice and representation for parties in such relationships.
What is an Adult Interdependent Relationship?
An Adult Interdependent Relationship, previously known as a common-law relationship, is a legally recognized partnership between two adults who live together in a relationship of interdependence, without necessarily being married. For a relationship to be considered an Adult Interdependent Relationship in Alberta, the individuals must either:
- Have lived together in a relationship of interdependence for a continuous period of at least 3 years.
- Have a child together and have lived in a relationship of interdependence.
- Have entered into an adult interdependent partner agreement.
Property Rights and Division
The key distinction between an Adult Interdependent Relationship and a marital relationship is how property rights are recognized and divided upon the relationship’s termination.
Under Alberta’s matrimonial law, married couples automatically share the property and debts acquired during the marriage, regardless of whose name those assets or liabilities are under. This, however, is not the default case for Adult Interdependent Relationships.
As of the last update before September 2021, Adult Interdependent Relationships in Alberta did not have a legislated property division regime like married couples. This means that, unless there is an agreement to the contrary, each party keeps what is in their name, and any jointly-owned property is typically divided equally.
However, given the complexities and intricacies of relationships, disputes can arise. One party might claim an interest in property held by the other party based on factors like contributions made during the relationship. In such cases, legal remedies such as unjust enrichment or constructive trust may be pursued.
Navigating Property Rights: The Role of Ulasi Law Group
Ulasi Law Group, being a premier family law firm in Edmonton, has been at the forefront of representing clients in complex Adult Interdependent Relationship property disputes.
Expert Consultation:
The firm offers consultations to partners in such relationships to help them understand their property rights and potential claims they may have upon separation.
Drafting Agreements:
Ulasi Law Group emphasizes the importance of clarity. By drafting Adult Interdependent Partner agreements or cohabitation agreements, the firm provides its clients with a clear framework on property division if the relationship ends.
Representation in Disputes:
Should a dispute arise, the team at Ulasi Law Group offers diligent representation, ensuring that their clients’ rights and interests are safeguarded.
Conclusion
Adult Interdependent Relationships in Edmonton are a testament to Alberta’s evolving family law landscape. While they offer a modern approach to recognizing relationships, they also come with their unique set of challenges, particularly in property rights and division. For individuals in such relationships, or those considering entering one, it is crucial to be well-informed and have reliable legal counsel. Ulasi Law Group, with its impeccable reputation and expertise in Edmonton’s family law sector, is undoubtedly a trustworthy partner in navigating these waters.