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Common Law Separation Lawyers in Calgary

Hours Updated onMarch 26, 2023 Categories Calgary
Common Law Separation Lawyers in Calgary Alberta

Living with another person while in a relationship may give rise to legal rights and obligations, which must be dealt with upon the breakdown of the relationship. These legal issues are often similar to those experienced by married couples, but with important differences.

For example, under some federal legislation, legal rights and obligations may arise between two people who have lived together in a spousal type relationship for more than one year. In Alberta, the Family Law Act requires unmarried couples to have lived together in a relationship of interdependency for a period of three years before a spousal support obligation may arise.

If the couple have children together, however, the couple must have lived together in a relationship “of some permanence”, before a separated spouse could claim spousal support from the other spouse.

Learn More → Reasons Why You Need to Hire a Family Law Lawyer

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  • How is property divided in common law relationships in Alberta?
  • Contact our family lawyers for a common law separation in Calgary

How is property divided in common law relationships in Alberta?

common law lawyers calgary

Another important difference is that there is no legislation, which governs how property is to be divided when the common law relationship ends. For married couples, property division upon marriage breakdown is governed by the Matrimonial Property Act (the MPA). Under the MPA, property is divided without regard to who actually owns the property or whose money was used to purchase the property. The MPA does not apply to unmarried couples. Instead, the rules regarding property division are outlined in case law relating to equitable principles of unjust enrichment and constructive trust. These rules only require property to be divided if certain criteria are met. Moreover, there is no presumption of equal division of property.

The Court focuses on factors such as:

i. the length of the relationship;
ii. the types of contributions of each party both financial and otherwise, to the acquisition or maintenance of the property, and the determination of the extent to which the couple was involved in a joint family venture. Where it is found that it would be unjust for one person to retain property without sharing its value with the other, the Court will direct an accounting or division of the asset between the parties. This division of property may be, for example, 80/20 or 50/50 depending on the specific circumstances of the parties.

With respect to guardianship, parenting, child support and spousal support, there are many similarities in the rules relating to married couples and unmarried couples. In relation to children, as always, the guiding principle is the “best interests of the child”. Courts resolve issues of decision-making and parenting schedules using the same legal principles that apply to married couples.

If you are thinking of separating from your common law spouse or have already separated, sit down with one of our divorce lawyers today, and let us outline your legal rights and explain our process for enforcing them.

Learn More → What to Consider During a Common Law Separation in Alberta?

Contact our family lawyers for a common law separation in Calgary

Due to the emotionally charged nature of a common law cases, it is important to have an objective advocate assist you. The divorce lawyers at Spectrum Family Law can provide you with practical solutions so that you can get through this difficult time in a cost-effective manner.

Although it is always preferable to negotiate a resolution of the issues arising out of a separation, our lawyers are prepared to go to court when necessary to ensure your rights are respected.

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Our Calgary intake staff are standing by to help you. Call 403-452-0043 [toll free 1-888-410-1677] or contact us online to schedule an appointment.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward.

Our Calgary office is open 8:30 a.m.—4:30 p.m., Mon—Fri.

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Allison Ross - Spectrum Family Law

Allison Ross

FAMILY LAWYER

Allison provides a balanced approach to family law files and strives to help families in the midst of separation and divorce. She has a wealth of experience in litigation including appearing in trials, Special Chambers applications and case conferences.

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You control the outcome that works best for you – rather than a judge who hears your case.

We are expert family law litigators, however we do so with an understanding of the emotional stress that litigation can sometimes have on our client and the existing family unit.

Our team will advise you on the benefits of alternative dispute resolution, including mediation and arbitration. These alternative methods empower the parties to negotiate an outcome that accounts for their respective interests in a non-adversarial setting – minimizing disruption to your family.

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  • Areas of Family Law
    • Divorce
      • Divorce Mediation
      • Collaborative Law
      • Uncontested Divorce
      • Joint Divorce
    • Child Custody
    • Child Support
    • Surrogacy & Fertility Law
    • Spousal Support
    • Maintenance Enforcement Program
    • Marital Property Division
    • Common Law Separation
    • Marriage Agreements
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      • Prenuptial Agreement
      • Separation Agreements
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    • Coaching & Self-Representation
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    • About Us
    • Awards & Recognition
  • Knowledge Centre
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    • Child Support
    • Separation Info
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