Adult interdependent relationship act and alberta

What is an Adult Interdependent Relationship (AIR)?

adult interdependent relationship act and alberta

The materials here detail how the Adult Interdependent Relationship Act affects your situation. The resources on this page were hand-picked by the Centre for. By definition, in the Adult Interdependent Relationships Act, an AIR is not a marriage. So, if you are married, you cannot be in an AIR. If you are not married, then. While this term is no longer used in Alberta, it is still used by other governments in The Adult Interdependent Relationships Act provides legal.

However, in order for the relationship to be recognized by the law, the relationship must have certain characteristics that are set out in the law. The significance of a couple being recognized as an adult interdependent relationship is the rights, benefits and responsibilities that will then arise under other laws. Those rights, benefits and responsibilities will be similar to — and in some cases, the same as — those extended to spouses who are married.

The Adult Interdependent Relationships Act

For example, the Alberta Family Law Act will allow adult interdependent partners to apply for a support order where the relationship has broken down. There are many Alberta laws that were amended following the Adult Interdependent Relationships Act coming into force. In any situation where there are rights and obligations granted to married spouses, it is important to look into which of those rights are also extended to adult interdependent partners.

October, What is an adult interdependent relationship? The Adult Interdependent Relationships Act outlines two possible ways for such a relationship to exist. If you have entered into a written Adult Interdependent Partner Agreement with the other person. The relationship does not have to be conjugal sexual to meet these criteria; it can be platonic. October, How would anyone determine whether a couple is functioning as an economic and domestic unit?

The Adult Interdependent Relationships Act states that all the circumstances of the relationship must be looked at to see if it is indeed an adult interdependent relationship. The Act also states some factors that could be relevant when determining whether the couple functions as an economic and domestic unit include: This might include matters such as whether they have completed an Adult Interdependent Partner Agreement or made provision for each other in their Wills; the extent to which direct and indirect contributions have been made to each other or for their mutual well-being.

This might include items such as payments into joint bank accounts or providing health benefits for each other; the extent to which they are financially dependent on each other; how the couple might care and support any children; whether the couple has bought, owns, or uses property together.

October, What is an adult interdependent partner agreement? The document must be in the form that is provided by legislation called Adult Interdependent Partner Agreement Regulation, and it must include the following details: October, Can anyone make an adult interdependent partner agreement? You cannot make an adult interdependent partner agreement if: October, Can a minor enter into an Adult Interdependent Agreement? There are certain circumstances under which a minor may enter into an Adult Interdependent Partner Agreement.

There are two conditions that must be met before a minor may enter into this agreement: October, I am in a relationship with another adult and we have not made an adult interdependent partner agreement.

Does this mean that we are not adult interdependent parties? Making an Agreement is simply one way to determine that a valid adult interdependent situation exists. You must also have either: October, I have lived with my sister for many years. Are people who are related to each other able to come within the definition of adult interdependent partners?

Yes, provided you are both over 18 and you complete an Adult Interdependent Partner Agreement. People who are related to each other by blood or adoption must complete such an agreement in order to be treated by the law as adult interdependent partners.

Anyone who is under 18 cannot be in an adult interdependent relationship with someone who is related to them by blood or adoption. October, I am 17 and I live with my boyfriend who is We do not want to get married but we want to be recognized as a unit.

adult interdependent relationship act and alberta

Can we be treated as being in an adult interdependent relationship? As a minor, you can be considered as being in an adult interdependent relationship as long as you are over 16 years old, and your relationship satisfies the criteria set out in the Adult Interdependent Relationships Act.

However, if you are years of age and you wish to enter into an Adult Interdependent Partner Agreement, your guardian must give their written consent. October, My friend told me that if we made an Adult Interdependent Partner Agreement we could get an apartment in a building where they only allow couples to rent. I made the agreement, but I found out that my friend made up the story about the building. Am I stuck with this agreement now? An Adult Interdependent Partner Agreement is not valid if one person was persuaded to make the agreement by fraud, duress or undue influence.

October, When my friend induced me to enter into an Adult Interdependent Partner Agreement because he told me we could rent an apartment together in a particular building that only allowed couples, I gave him money for a deposit.

Can I take legal action against him? If what he told you was untrue, the Adult Interdependent Relationships Act states that your friend is liable for monetary and non-monetary losses that you have suffered because you were induced to enter into the agreement by fraud, duress or undue influence.

Your friend would also be liable to you for losses if he persuaded you to enter into an Adult Interdependent Partner Agreement when he could not make the agreement because he was already married, under 18 or over 16 but had no guardian consentor was already a party to an agreement with another adult. October, Can same sex partners be adult interdependent partners under the Adult Interdependent Relationships Act?

Yes, provided that the relationship fulfills the requirements of the Adult Interdependent Relationships Act in one of the following ways: October, My son had a close relationship with a friend. Six months ago my son went to work abroad.

adult interdependent relationship act and alberta

His friend came to see me recently and showed me an adult interdependent partner agreement that he said my son and he had signed. He asked me for money to help him set up a business. My son told me there never was an agreement and that the relationship ended before my son left. How can I get my money back? The Adult Interdependent Relationships Act specifically provides that where someone falsely uses an Adult Interdependent Partner Agreement to claim that an adult interdependent relationship exists with someone, they are liable to anyone else who suffers loss because they rely on the Agreement.

A direct contribution would include, but is not limited to, paying for the mortgage, utilities or renovations. An example of indirect contribution would include, but is not limited to, child care, maintaining the household or decorating the household. You should consult a lawyer if you believe that you have earned a right to the property that is in the sole name of your partner and you had a long term relationship.

adult interdependent relationship act and alberta

Property that you purchased and registered jointly makes you both legal owners. You cannot exclude your partner from the use, possession or sale of jointly-owned property. You cannot sell the property unless you have consent from the other owner. If you sell the property, you must share the proceeds equally.

If a child is born from an Adult Interdependent Relationship, the mother is considered the sole guardian and custodial parent of the child if the father does not acknowledge himself as a parent and does not demonstrate an intention to take on the responsibilities of a guardian within one year of either becoming aware of the pregnancy or becoming aware of the birth of the child, whichever is earlier.

Otherwise, the father may apply for guardianship and parenting time with the child under the Family Law Act.

adult interdependent relationship act and alberta

Being guardian of a child gives the person the right to be involved in the supervision, care, and control of the child and the major decision-making regarding the child. Only guardians can have parenting time.

Where and when parenting time with the child occurs may be resolved by written agreement or by a Court Order. If a father makes an application for guardianship and parenting time, the Court makes its decision based on the best interests of the child. Your partner may apply for guardianship and parenting time to your child or children from a previous relationship, provided those children resided with you and your partner for at least six 6 months.

Adult Interdependent Relationships | LawCentral

An Adult Interdependent Partner canapply for spousal support from his or her partner after separation in Alberta. Similarly, the child of the relationship is entitled to financial support. Both mother and father are expected to financially support the child until the child reaches 18 years. Child support is required beyond 18 years if the child is still in school or is dependent in any way. If the parent of the child is not supporting the child, you should consult with a lawyer.

adult interdependent relationship act and alberta

If a father does not voluntarily admit he is the biological father of the child, a guardian may request that a Judge declare him to be the father. A Judge will look at all the evidence including blood and DNA tests and will decide who the father is.

Adult Interdependent Relationships - Canadian Legal FAQs

Reasonable child support will then be set. Your partner may also be responsible for child support relating to your child or children from a previous relationship. A Judge will consider the relationship between the child and your partner, as well as any other child support being provided for that child. The Child Support Order and the major decision-making regarding the child may be varied if circumstances change, and the Order can be enforced across Canada.

You may be required to keep your old name on certain other documents, such as your Social Insurance Card. In Alberta, you may not apply for a formal name change to change your surname to that of your Adult Interdependent Partner.