Fast Facts about Common Law relationships
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#1: Couples who are not legally married are still subject to Alberta laws governing Common Law relationships.
#2: Prenuptial agreements are recommended for both legally married couples and common law couples. There is also no difference in terms of timing - the earlier the better.
#3: Spousal support may still be payable even if a couple is not legally married.
#4: Custody and Access is often treated similarly for common law couples and married couples .
#5: Child support is payable in the same way that it is for married couples.
#6: You are unable to "sign off on your parental rights". You need legal advice regarding this option for you
You have questions about Alberta law. We have answers.
Q: When is the right time to file for Separation?
A: Decisions on when to file for Separation involve multiple legal considerations and, as such, should be done with the help of an experienced Family Law lawyer. For example, if you are sure that you are going to get divorced and still file for Separation, your actions could be viewed as duplicitous (read as doubly expensive). Alternatively, if you are unsure about whether to file for divorce and file for Separation, the Courts will consider your separation effective from that date, a decision that may or may not be favorable for you.
