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For common law couplesi.e., couples who have lived together but never married there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
A Separation Agreement is a post-matrimonial agreement. In a separation agreement, the couple mutually decides to separate their way without the help of any judicial intervention. Therefore, without any divorce petition or decree for judicial separation, the couple part their ways.
In Alberta, common-law separation is now governed by the Family Property Act. This covers the issues that must be resolved if a marriage or common-law relationship breaks down. Couples in a common-law relationship in Canada have the same legal rights and obligations as a married couple.
Alberta Common Law Separation ProceedingsParties must be living together in a relationship of interdependent for at least three years; or. The parties have entered into an Adult Interdependent Relationship Agreement.
If you're married or in a common-law relationship, the law says you've separated: as soon as you and your spouse start living apart, and. at least one of you wants to end your relationship....Separationask your spouse's permission,see a lawyer,sign any documents, or.go to court.