Posted by heritagelawoffices on Apr 18, 2017 in Blog, Family Law

common-law-coupleCommon law relationships are quickly becoming mainstream, leaving many people misinformed on just how it works from a legal standpoint. Never fear, Heritage Law is here to bust some myths– read on for more!

MYTH #1: “Only a marriage qualifies for a prenuptial agreement.”

The truth is… in most provinces, common law relationships can indeed benefit from a signed agreement. While protecting your individual assets may seem unromantic, it can often relieve unwanted stress.

MYTH #2 “We have kids, but that doesn’t impact our common law status.”

The truth is… children are in fact an essential detail when settling legal matters in a common law relationship. Whether outside of or part of the union, any child in your care could add complications to your status in the eyes of the law.

MYTH #3: “A former common law partner isn’t eligible for spousal support.”

The truth is… common law partners are definitely eligible and are frequently rewarded various forms of spousal support across many of the provinces.

MYTH #4: “Dissolving a common law relationship follows the same rules as divorce.”

The truth is… in many provinces, division of assets can vary wildly when it comes to people of common law status. Legal divorce proceedings may be reserved for legal marriages, depending on your region.

MYTH #5: “Our country has universal common law regulations.”

The truth is.. Canada-wide, the definition of marriage is evolving to a new modern standard. Yet the legal responsibility still falls to the province in which you reside. When entering into a common law relationship, always review provincial regulations.

The above myths are only a sampling of the varied misconceptions some may hold in regards to common law status. If you have any questions or concerns about Alberta common law relationship standards, contact or visit Heritage Law today!