Formal End of Adult Interdependent Partner Relationship
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
In Alberta, there are several ways to formalize the end of an adult interdependent partner relationship. An adult interdependent partner relationship is considered to have officially ended through one of the following events:
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Separation for one year: If you and your partner live separate and apart for a continuous period of one year, the relationship is legally considered to have ended. At least one of you must intend for the relationship to be over.
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Written agreement: You and your partner can create a written agreement that states your intention to live separate and apart with no possibility of reconciliation. This document serves as a formal termination of the relationship.
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Marriage: The relationship ends if you and your partner marry each other or if one of you marries a third party.
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New Adult Interdependent Partner Agreement: If you did not previously sign an Adult Interdependent Partner Agreement with your current partner, the relationship ends when one of you signs a new agreement with someone else.
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Declaration of Irreconcilability: One or both partners can obtain a declaration of irreconcilability from the court under Alberta's Family Law Act.
Yet, even with the formal end of the adult interdependent partner relationship, there are a multitude of aspects that need to be tended to, such that you might move on with your own life and not find that your finances continue to be adversely impacted by what was intended to be a concluded relationship. Among those legal aspects that need to be tended to:
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Immediate Property and Relationship Legal Matters:
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Division of Property: The Family Property Act in Alberta governs how property is divided between adult interdependent partners. Generally, assets and debts acquired during the relationship are subject to division. This is a complex area of law, and it is highly recommended to seek legal advice to understand your rights and obligations.
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Partner Support: One partner may be entitled to receive financial support from the other, known as partner support. This is similar to spousal support and is determined by factors such as the length of the relationship, the roles each partner played, and their financial circumstances.
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Child-Related Matters: If there are children from the relationship, you will need to formalize agreements for parenting arrangements, custody, and child support.
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Inheritance Legal Matters:
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Your will, power of attorney, personal directive and other estate planning documents should be promptly updated to reflect your new relationship status, given the various legal considerations we address when assessing the impact of ending an adult interdependent partner relationship.
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Attaining the appropriate legal advice is crucial at the end of an adult interdependent partner relationship given the significant legal and financial consequences. There are a multitude of legal issues that you should be looking to get ahead, as opposed to allowing to be dictated to by circumstances and inaction.
To learn how our legal team can help you with addressing your personal legal situation as it relates to your will and other estate planning arrangements following the end of your common law relationship (adult interdependent partner relationship), contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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