by admin | Sep 15, 2024 | Best Lawyers in Edmonton, Blog
Key Takeaways
- Common-law relationships in Alberta are legally recognized as “adult interdependent partnerships”
- Property division rules for common-law partners differ significantly from those for married couples
- Support obligations may exist between common-law partners, depending on the nature of their relationship
- Legal protections for common-law partners have evolved, but gaps still exist compared to married couples
- Seeking legal advice is crucial for common-law partners to understand their rights and obligations
Introduction
Over the last few decades, the way people form relationships in Alberta has changed a lot. More and more couples are living together without getting married, which we call common-law partnerships. As these changes happen in society, the laws also need to change to keep up.
At Kolinsky Law, we think it’s really important to know about these new laws and how they affect people. In this blog post, we’re going to talk about how common-law relationships have changed in Alberta. We’ll focus on two main things:
- How the law decide who gets what stuff when common-law partners break up
- Whether one partner might have to support the other financially after they split up
We’ll explain these ideas in simple terms so you can understand how the law affects common-law couples today.
What exactly is a common-law relationship in Alberta?
Certainly. I’ll simplify this explanation while maintaining its core meaning:
In Alberta, the law doesn’t actually use the term “common-law relationship.” Instead, since 2003, we have something called the Adult Interdependent Relationships Act (AIRA). This law created a new term: “adult interdependent partners.”
So, who counts as adult interdependent partners? The law says it’s two people who:
- Live together in a close relationship for at least three years in a row, or
- Have a child together, or
- Have signed a special agreement to be adult interdependent partners
This legal term covers what most people think of as a common-law relationship, but it’s a bit more specific. The law uses this term to make sure it’s clear who has certain rights and responsibilities.
How has the legal recognition of common-law relationships changed over time?
When the AIRA became law in 2003, it changed things a lot for couples who live together but aren’t married. Before this law, these couples (who most people call common-law partners) didn’t have many legal rights or protections.
The AIRA gave these couples some of the same rights and responsibilities that married couples have. For example:
- One partner might have to financially support the other if they break up.
- Partners got some rights to share property.
But it’s important to remember that even with this new law, common-law couples are still treated differently from married couples in many ways. The law doesn’t see them as exactly the same.
What are the current rules regarding property division for common-law partners?
Unlike married couples, who are subject to the Matrimonial Property Act, common-law partners in Alberta do not have automatic rights to an equal division of property acquired during the relationship. Instead, property division is governed by the law of unjust enrichment and resulting trusts. This means that a partner may have to prove their contribution to the acquisition, maintenance, or improvement of property to claim a share. This can often lead to complex and costly legal disputes.
How are support obligations determined for common-law partners?
Support obligations between adult interdependent partners are recognized under the Family Law Act. The court considers various factors when determining support, including the length of the relationship, the roles each partner played, and the financial consequences of the relationship breakdown. While the principles are similar to those applied in divorces, the specific calculations and considerations may differ.
What legal protections are available for common-law partners, and how do they compare to those for married couples?
Common-law partners in Alberta now have access to many legal protections that were once reserved for married couples. These include the right to seek partner support, inheritance rights under intestacy laws, and the ability to make medical decisions for an incapacitated partner. However, significant differences remain, particularly in the area of property division. Married couples benefit from a presumption of equal sharing of matrimonial property, while common-law partners must rely on more complex legal principles to assert their property rights.
What steps can common-law partners take to protect their interests?
Given the complexities surrounding common-law relationships, partners must be proactive in protecting their interests. This may include:
- Creating a cohabitation agreement that outlines how property will be divided and whether support will be paid in the event of a separation.
- Keeping detailed records of contributions to shared property and expenses.
- Considering joint ownership of significant assets.
- Updating wills and beneficiary designations to ensure the partner is provided for in the event of death.
- Seeking legal advice to understand their specific rights and obligations.
Conclusion
The way Alberta law treats common-law relationships has changed because our society has changed. We now recognize that families come in many different forms. The law has improved to protect common-law partners better, but there are still big differences between how the law treats married and unmarried couples. This is especially true when it comes to dividing property if the couple breaks up.
At Kolinsky Law, we know these laws are complicated and always changing. We also understand how they affect real people’s lives. Our team is here to help you if you:
- Are starting a common-law relationship
- Are breaking up with your common-law partner
- Just want to know your rights and responsibilities
Every relationship is different, so the law might apply differently to your situation. That’s why it’s a good idea to talk to a lawyer who can give you advice that fits your specific needs. If you’re in a common-law relationship and want to make sure your rights are protected, don’t be afraid to ask for help.
by admin | Aug 23, 2024 | Best Domestic Lawyer, Best Domestic Violence Lawyer in Edmonton Alberta, Blog, Domestic Violence Lawyer, Family Law Lawyer, Family Lawyer
Alberta’s Clare’s Law, introduced in 2021, allows individuals to access their partner’s history of violent behaviour, aiming to prevent domestic violence through informed decision-making. Named after a UK victim, the law balances public safety with privacy concerns.
With this article, Kolinsky Law examines the implications of Clare’s Law on Domestic Violence Cases in Alberta, exploring its potential to empower victims, enhance prevention strategies, and reshape intervention approaches. We’ll analyze how this legislation impacts the broader landscape of combating domestic violence in the province.
What is Clare’s Law?
Clare’s Law, officially known as the Disclosure to Protect Against Domestic Violence Act in Alberta, is a legislation that allows individuals to request information about their partner’s history of domestic violence or violent behavior.
Named after Clare Wood, a UK woman murdered by her ex-boyfriend, the law aims to prevent similar tragedies by empowering potential victims with crucial information. Its primary purpose is to enable informed decision-making about personal safety in relationships.
By providing a legal framework for disclosing relevant information, Clare’s Law seeks to break the cycle of domestic violence and protect vulnerable individuals before abuse escalates.
Implications Of Alberta’s Clare’s Law On Domestic Violence Cases
Victim Empowerment
- Provides potential victims with crucial information to assess their safety
- Enables informed decision-making about relationships
- May increase confidence in seeking help or leaving dangerous situations
Prevention and Early Intervention
- Potential to interrupt cycles of violence before they escalate
- Encourages proactive safety planning
- May deter repeat offenders due to increased accountability
Privacy Concerns
- Balances public safety with individual privacy rights
- Raises questions about the extent of information disclosure
- Potential for misuse or misinterpretation of disclosed information
Law Enforcement and Legal System Impact
- Shifts some responsibility for prevention to police and government agencies
- May increase workload for law enforcement in processing requests and disclosures
- Potential challenges in defining and verifying the “history of domestic violence”
Social and Cultural Implications
- Could reduce the stigma around discussing domestic violence
- May encourage broader conversations about healthy relationships
- Potential to change societal attitudes towards accountability in relationships
Challenges in Implementation
- Ensuring consistent application across different jurisdictions
- Educating the public about the law’s existence and how to use it
- Providing adequate support services for those who receive disclosures
Long-term Effects on Domestic Violence Rates
- Potential for significant reduction in domestic violence incidents
- May lead to earlier interventions and better outcomes for families
- Could influence future policy-making in domestic violence prevention
Are You in a Potentially Dangerous Situation?
If you’re concerned about your safety in a relationship, you have options:
- Request information: Under Clare’s Law, you can ask about your partner’s history of domestic violence.
- Seek support: Reach out to domestic violence hotlines or local support services for guidance.
- Safety planning: Develop a plan to protect yourself if you feel at risk.
- Legal protection: Consider obtaining a restraining order or emergency protection order.
Step-by-step guide on how to apply for information under Clare’s Law.
- Contact your local police service or visit their website for Clare’s Law application forms.
- Fill out the application, providing your personal details and information about the person you’re inquiring about.
- Depending on local procedures, submit the completed form to the police in person, by mail, or online.
- Undergo an identity verification process to ensure the request’s legitimacy.
- Wait for the police to process your application and conduct necessary checks.
- If approved, attend an in-person meeting with police to receive the disclosure.
- During the meeting, receive information and guidance on available support services.
- Maintain confidentiality about the disclosed information as required by law.
Remember, the process may vary slightly between jurisdictions, so always check with your local police for specific guidelines.
How We Can Help
At Kolinsky Law, we understand the complexities of domestic violence situations. We have the Best Domestic Violence Lawyer in Edmonton Alberta who can:
- Guide you through the Clare’s Law application process
- Explain your legal rights and options
- Assist in obtaining protection orders
- Provide compassionate representation in family law matters related to domestic violence
- Connect you with additional support services
We’re committed to your safety and well-being. Don’t hesitate to reach out if you’re unsure about your situation or need legal advice. We’re here to support you every step of the way.
by admin | Nov 25, 2019 | Best Lawyers in Edmonton, Blog, Family Attorney, Family Law Lawyer, Family Lawyer
Meeting with a family lawyer for the first time can be stressful. Many are unsure of what to expect and feel some anxiety because of that. At Kolinsky Law in Edmonton, we strive to make your experience as comfortable and stress-free as possible. Of course, the nature of why clients come into a lawyer’s office is generally and often stressful, but we aim to reduce your stress as much as we can by communicating clearly and creating step-by-step processes to approach your legal matters. As such, we have compiled some recommendations on what you can do to best prepare for your consultation with a Family Law Lawyer.
1. Be Open and Honest
For many people, it is difficult to open up in the first meeting. You have just met the lawyer, and do not know what to expect. It is very important, however, that you give an honest account of your situation and any issues that are sensitive to you or your family. Remember that the consultation is private, and cannot be discussed with others without your permission, except in the case of child endangerment.
2. Bring All Documents
Start by making copies of all the documents you have collected so that your family lawyer will have them for your file. Depending on your case, the documents you might need include:
- Marriage certificate
- Any current or past orders made that are related to the case
- Application to Obtain an Order or to Change an Order
- Prepared Financial Statements
3. At the beginning of your consultation, your lawyer will collect basic information about you and your situation. Your lawyer may want to know:
- Your name, any previous names, address, occupation, annual income, and date of birth,
- Your spouse’s full name, address, occupation, annual income, and date of birth
- Your marital status prior to this relationship (single, widowed, divorced)
- Your partner’s marital status prior to this relationship
- Alberta residency information and other citizenships of both partners
- Information about the relationship, including the date the two of you started to live together, the date of your marriage and the name of the city or town where you got married
- The date of separation
- The full names and birthdates of any children
- The care arrangements and any parenting plans that are presently in place for the children
- Any prenuptial agreements
- Any potential and believed risks, including family violence, abduction, and financial risks like bankruptcy
- Why the relationship ended
4. Your lawyer will want to know your financial information and may ask for:
- The approximate balance of all financial accounts, including savings, RRSP, investment accounts, and the names of the financial institutions holding the accounts,
- All assets
- The amounts of any debts, including credit cards, loans, lines of credits and where they are held
- Information about any stock or bond portfolios,
- Pension plan information
- Real estate owned in Alberta and elsewhere, including address, value, and how ownership is divided.
5. Get Organized, Take Notes and Ask Questions
Throughout the consultation, you may want to write down notes and any questions you may have along the way. Your lawyer may have a lot of information for you and will want to collect many details from you, so this can be the best way to ensure your questions get asked either during the flow of the conversation or after. Sometimes it is most cost-efficient to ask several questions at once. In order for your lawyer to serve you better, you must fully understand your case and the entire legal process.
6. Discuss Costs
Your lawyer will discuss fees during this meeting, and you should be prepared to as well. If you want to discuss payment plans, retainer information, and written fee agreements, the consultation is the time to do so.
7. Read all Documents Carefully Before Signing
Before you sign a document, ask your lawyer to fully explain it to you and then read it thoroughly. Be prepared to spend some time going through documents in-office.
8. Keep your own files
Ask for copies of all documents prepared for your case and build your own file to keep at home.
9. Listen to your lawyer
Finally, always remember that, at Kolinsky Law, your lawyer is looking out for your best interests and the best interests of any children involved. The lawyer’s judgments and decisions are based on legal knowledge and training, as well as extensive experience so it is important to listen to your lawyer and think about what your lawyer asks you to do. We are here for you and what is important to you.
