Go Back   Alberta Outdoorsmen Forum > Main Category > General Discussion

Reply
 
Thread Tools Display Modes
  #1  
Old 09-30-2018, 12:31 PM
cotang cotang is offline
 
Join Date: Dec 2013
Posts: 327
Default Common law seperation question

Hello,

Had a discussion today with a friend who was going through a commonlaw seperation, he has a kid and he said that he is fine with child support. But he was wondering if he had to split his bank account under his name and shares he has with a company. I said no that different compared to married couples...but im not too sure now. Lol i know asking on the internet for legal advice is not a good thing but its not really advice im looking for. Im wondering form someone exerpeince. Thanks.
Reply With Quote
  #2  
Old 09-30-2018, 12:34 PM
.257Weatherby .257Weatherby is offline
 
Join Date: Sep 2008
Location: Near YVR
Posts: 1,237
Default

Contact a Lawyer, thats the best advice I can give on the internet.
Its going to be a long road for him.
Rob
__________________
We sleep safe in our beds because rough men & women stand ready in the day/night to visit violence on those who would do us harm.
RIP Pte Terry J Street 2nd Battalion, PPCLI, Shilo, Man. EOT, April 4 2008 Panjwayi District Afghanistan,Constable Jimmy Ng,RCMP EOW,Sunday, September 15, 2002
Reply With Quote
  #3  
Old 09-30-2018, 12:35 PM
wwbirds's Avatar
wwbirds wwbirds is offline
 
Join Date: May 2009
Location: near Calgary
Posts: 6,651
Default when a child is born to c/l couple

I believe for all intents and purposes they are considered married under the law but always best to get a legal opinion from a lawyer rather than internet as you say.
__________________
a hunting we will go!!!!!!
Reply With Quote
  #4  
Old 09-30-2018, 12:37 PM
Talking moose's Avatar
Talking moose Talking moose is offline
 
Join Date: Sep 2014
Location: McBride/Prince George
Posts: 14,579
Default

I believe any gains accumulated after the start of the relationship is split.
Reply With Quote
  #5  
Old 09-30-2018, 12:38 PM
Talking moose's Avatar
Talking moose Talking moose is offline
 
Join Date: Sep 2014
Location: McBride/Prince George
Posts: 14,579
Default

And I believe your wrong that it’s different than being married.
Reply With Quote
  #6  
Old 09-30-2018, 12:48 PM
vcmm's Avatar
vcmm vcmm is offline
 
Join Date: Sep 2010
Location: Vulcan Ab
Posts: 3,871
Default

"In Alberta, common law couples are legally referred to as “adult interdependent partners”. You are considered to be in a common law relationship after three years of living together. The three year time period is reduced if you have a child together or enter into an adult interdependent partnership" GET A LAWYER!!
__________________
"It's like bragging that it's 10 CENTIMETERS LONG! (when really, it's 4" dude, settle down)"
Huntinstuff


"Me neither but it's all in the eye of the beer holder"
norwestalta

.....out of bounds.....but funny none the less!

LC

"Funny how when a bear eats another bear, no one bats an eye, but......

when a human eats another human, people act like it's the end if the friggin world. News coverage, tweets, blogs, outrage, Piers Morgan etcetc.

Go figure." -Huntinstuff
Reply With Quote
  #7  
Old 09-30-2018, 12:48 PM
lone wolf's Avatar
lone wolf lone wolf is offline
 
Join Date: Mar 2009
Location: Medicine Hat
Posts: 3,219
Default

Lawyer up.

Not sure of the implications of having a child in a common law relationship, but I would assume child support would be required. I believe assets are treated differently but would strongly advise good legal advice before agreeing to anything. Lawyer will run anywhere from $300-$500/hr but they are worth it.
__________________
Participating in a gun buy back program because you think that criminals have too many guns is like having yourself castrated because you think your neighbors have too many kids...
Reply With Quote
  #8  
Old 09-30-2018, 12:49 PM
wmd wmd is offline
 
Join Date: May 2016
Posts: 76
Default

What ever made when common law will be half hers.
Reply With Quote
  #9  
Old 09-30-2018, 01:02 PM
raised by wolves raised by wolves is offline
 
Join Date: Dec 2007
Posts: 1,279
Default

Get a lawyer as it will get difficult. Case law made common law marriage the same as legal marriage. And because of a particular case law decision, it only requires the agreement to live together and 24 hours under the same roof.
Reply With Quote
  #10  
Old 09-30-2018, 01:19 PM
Ken07AOVette's Avatar
Ken07AOVette Ken07AOVette is offline
 
Join Date: Dec 2008
Location: Alberta
Posts: 24,071
Default

It is no longer absolutely cut and dried 50%.
They will look at who brought what, who had what, who paid what in some cases depending on what they both had at the start of the relationship.
Been there, done that.
Get a good lawyer.
__________________
Only dead fish go with the flow. The rest use their brains in life.


Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
Reply With Quote
  #11  
Old 09-30-2018, 02:04 PM
drhu22 drhu22 is offline
Banned
 
Join Date: Jan 2011
Posts: 4,090
Default

Quote:
Originally Posted by raised by wolves View Post
Get a lawyer as it will get difficult. Case law made common law marriage the same as legal marriage. And because of a particular case law decision, it only requires the agreement to live together and 24 hours under the same roof.
Thats a bit hard to believe... source?
Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -6. The time now is 05:11 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.